CIVIL  GOVERNMENT 

STATE  AND  FEDERAL 


MILLER-HORNOR 


LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

Class 


CIVIL    GOVERNMENT 

STATE    AND    FEDERAL 


An  Exposition  of  Our  Polity 


BY 


WILLIAM  A.   MILLER,  A.  M., 

Supervising  Principal  of  Public  Schools,  Matawan,  N.  J. 


AND 


WILLIAM  STOCKTON  HORNOR 

Counsellor-at-Law,  New  York 


•^  The 


^fQRHSh^^  ov  TToXX*  aWh  ttoXv 


BENJ.  H.  SANBORN  &  CO. 
BOSTON        NEW  YORK       CHICAGO 


GIFT 

(J,ju)IO 

COPYRIGHT  1910  BY 
WILLIAM  A.  MILLER  AND  WILLIAM  S.  HORNOR 


0 


PREFACE. 

This  book  is  the  outgrowth  of  practical  suggestions  from  teachers 
actually  engaged  in  the  work  of  the  class-room,  covering  a  period 
of  fifteen  years.     Its  aim  is : — 

The  treatment  of  its  subject  in  the  light  of  the  tendencies  and 
the  trend  of  events  in  the  present  day ; 

The  emphasis  of  those  points  which  have  an  especially  vital  in- 
terest and  which  are  salient  in  connection  with  matters  of  pressing 
and  growing  importance ; 

The  subordination  of  material  relating  to  issues  long  since  defi- 
nitely settled,  and  whose  interest  is  chiefly  historical ;  and, 

The  concrete  presentation  of  the  subject  by  means  of  tables, 
diagrams,   and  topical  analyses. 

Something,  too,  may  be  said  of  the  plan  of  arrangement.  This 
is  such  that  portions  of  the  subject  may  be  taught  as  early  as  the 
eighth  grade. 

Starting  with  the  family,  a  knowledge  of  whose  organization, 
laws,  and  functions  is  already  fixed  in  the  mind  of  the  youngest 
child;  and  with  the  school,  under  whose  government  the  child 
comes  at  an  age  so  tender  that  school  laws  and  regulations  are 
apprehended  almost  before  the  development  of  the  power  of  inde- 
pendent thought  —  the  transition  is  easy  to  an  understanding  of 
the  local  government  of  town  or  township  (the  first  formal  civil 
government  met  with),  a  knowledge  of  whose  workings  is  absorbed 
almost  unconsciously.  By  a  demonstration  of  the  relations  of,  and 
by  analogies  between,  the  administrative  functions  of  family,  school, 
local,  county,  and  State  forms  of  government,  the  way  is  prepared 
for  the  understanding  of  government  in  a  larger  sense;  for  an 
appreciation  of  the  rights  and  duties  of  citizenship ;  and  for  the 
study  and  analysis  of  the  Constitution  of  the  United  States  and 
of  the  form  and  functions  of  the  system  of  government  based 
upon  that  instrument,  as,  through  the  great  departments  of  govern- 
ment, that  system  comes  into  contact  with  the  individual  citizen. 

The  advantages,   for  mature  minds,   of  a  strictly  topical   treat- 


211259 


iv  PREFACE. 

ment  of  the  Constitution  are  obvious.  But  extended  experience 
in  teaching  this  subject  has  led  to  the  conclusion  that  youthful 
minds  can  most  easily  and  most  profitably  be  brought  to  a  com- 
prehension of  the  subject,  an  appreciation  and  understanding  of 
the  principles  involved,  and  a  firm  grasp  of  the  reasoning  and 
philosophy  underlying  our  institutions  —  by  first  studying  the  Con- 
stitution in  the  exact  order  in  which  it  is  written,  sentence  by 
sentence,  and  almost  word  by  word;  and  then  by  a  careful  study 
of  a  skeleton  topical  analysis,  such  as  is  here  provided,  driving  home 
and  clinching  the  results  so  obtained. 

Throughout  the  work  an  endeavor  is  made  to  give  a  clear  and 
understandable  exposition  of  the  legislative,  judicial,  and  executive 
functions  of  government,  their  application  to  the  individual  citizen, 
and,  as  well,  to  bring  out  and  enforce  a  knowledge  of  the  rights 
and  duties  of  citizenship,  in  its  relations  to  government  and  to 
fellow  citizens. 

Various  reports  of  the  State  and  Federal  courts,  and  other  works 
of  reference  have  been  freely  consulted,  as  have  the  treatises  of 
Chancellor  Kent  and  other  authorities  on  this  and  kindred  sub- 
jects.   To  all  of  these  indebtness  is  gratefully  acknowledged. 

W.    A.    M. 
W.   S.  H. 

September,  1910. 


CONTENTS. 


Preface 


Page 

iii 


PART  I. 
THE  STATE,  AND  SUBORDINATE  GOVERNMENTS 


Introduction       ..... 

ix 

Chapter 

I.  The  Family 

1 

Chapter 

II.  The  School 

5 

Chapter 

III.  The   Civil  Division     . 

10 

Chapter 

IV.  The  Civil  District     . 

12 

Chapter 

V.  The  Tow^n  and  Township  . 

15 

Chapter 

VI.  The  County 

23 

Chapter 

VII.  The  Municipality 

38 

Chapter 

VIII.  The  State 

43 

Chapter 

IX.  Citizenship 

60 

Chapter 

X.  Government 

67 

Chapter 
Chapter 
Chapter 


Chapter 
Chapter 


PART  II. 
THE  FEDERAL  GOVERNMENT 

I.  The  Articles  of  Confederation          .  79 

II.  The  Text  of  the  Constitution  .         .  82 
III.  The     Constitution     of     the    United 

States.     Examined  and  Annotated.  101 

The  Preamble          ....  102 


Article  I. 


IV.  Sections  1-4 
V.  Sections  5-7 


105 
120 


vi 

CONTENTS. 

Paife. 

Chapter 

VI. 

Section  8     . 

133 

Chapter 

VII. 

Sections  9-10       . 

149 

Chapter 

VIII. 

Article  II   . 

156 

Chapter 

IX. 

Article  III 

173 

Chapter 

X. 

Articles  IV.-VII 

180 

The  Amendments  to  the  Constitution 

Chapter 

XI. 

Articles  1-5  of  Amendments 

191 

Chapter 

XII. 

Articles  6-10  of  Amendments 

199 

Chapter 

XIII. 

Articles  11-12  of  Amendments     . 

206 

Chapter 

XIV. 

Articles  13-15  of  Amendments 

212 

Chapter 

XV. 

Topical  Analysis  of  the  Constitution     . 

217 

Chapter 

XVI. 

The  Cabinet  and  the  Executive  De- 

partments         

228 

Glossary 

, 

237 

Index 

^ 

249 

PART  I. 

CIVIL  GOVERNMENT. 


Of  / 

INTRODUCTORY. 

Government  means  authority.  Civil  Governmetit  means 
civil  authority;  that  is,  the  authority  by  which  we  are  ordi- 
narily governed  through  laws  in  time  of  peace.  Civil  govern- 
ment is  opposed  in  meaning  to  Military  government,  or  gov- 
ernment by  martial  law,  which  sometimes  prevails  in  time  of 
war  or  insurrection.  Every  government,  whether  simple  and 
unorganized,  like  that  of  the  family,  or  complex  and  organ- 
ized, like  that  of  the  United  States,  possesses  three  classes  of 
powers:  the  legislative,  or  law-making  power;  the  judicial,  or 
law-applying,  power;  and  the  executive,  or  law-enforcing, 
power.  By  a  law  is  meant  a  rule  of  conduct  made  by  some 
superior  authority;  which  rule  we  must  obey,  or  receive  pun- 
ishment for  our  disobedience. 

All  people  in  the  United  States,  strangers  and  travellers  as 
well  as  citizens,  owe  respect  and  obedience : — 

First,  To  the  Constitution  and  to  the  laws  of  the  United 
States ; 

Second,  To  the  constitution  and  the  laws  of  the  State  in 
which  they  may  be  living. 

Subordinate  to  these,  they  are  bound  to  obey  the  ordinances 
of  the  county,  and  of  the  town,  township,  civil  district,  village, 
or  city  in  which  they  reside.  All  are,  therefore,  subject  to 
four  forms  of  organized  civil  authority.  Citizens  owe  obedi- 
ence to  the  place  of  their  residence,  to  their  county,  to  their 
State,  and,  above  these,  to  the  United  States.  The  laws  of 
these  several  authorities  are  so  adjusted  and  distributed  that 
they  neither  overlap  nor  conflict. 


X  INTRODUCTORY. 

In  addition  to  the  above,  those  who  live  in  a  family  are 
bound  to  conform  to  its  rules  and  usages;  while  almost  all 
children  are  under  the  government  of  some  school. 

Thus  a  large  proportion  of  the  people  of  this  country  are 
subject  to  the  regulations  of  no  less  than  six  forms  of  gov- 
ernment : — 

(1)  The  family. 

(2)  The  school  (those  attending  school). 

(3)  The  township  (civil  district,  town,  village,  or  city). 

(4)  The  county. 

(5)  The  State. 

(6)  The  United  States. 


CHAPTER  I. 

THE  FAMILY. 

A  Family  comprehends  all  those  who  live  in  one  household 
and  under  one  head  or  manager :  it  may  include  parents,  chil- 
dren, servants,  guests,  boarders,  and  lodgers. 

The  first  type  of  government  with  which  we  come  in  con- 
tact is  our  home,  or  family,  government.  This  was  the  earliest 
of  all  forms  of  government.  In  many  respects  it  is  like  every 
other  kind  of  government;  it  has  legislative,  judicial,  and 
executive  powers.  But,  unlike  most  formal  governments,  these 
powers  are  not  distributed  among  different  departments :  they 
are  all  retained  in  the  hands  of  the  parents  or  of  the  head  of 
the  family. 

The  purpose  of  the  family  is  the  continuation  and  improve- 
ment of  the  human  race;  and  the  happiness  and  prosperity 
that  comes  from  the  aid  and  support  which  members  of  the 
family  give  each  other  in  striving  for  the  common  good.  The 
welfare  and  training  of  the  child  is  the  especial  care  and 
charge  of  the  family.  It  is  for  this  that  parents  govern  the 
conduct  of  their  children;  protect  them  from  evil  and  danger; 
and  cherish,  clothe,  feed,  and  educate  them.  Children  are 
taught  to  obey,  in  order  that  they  may,  in  their  turn,  be  pre- 
pared to  govern.  A  child  has  the  right  to  education  and  sup- 
port from  the  parent;  but  in  return  for  these,  it  owes  obedi- 
ence.    In  this  life,  every  right  imposes  a  corresponding  duty. 

In  ancient  times,  a  father's  authority  over  his  children  was 
far  greater  than  is  the  case  today.  Among  the  Hebrews  and 
the  Romans,  a  father  had  the  legal  right  to  sell  his  children 

2 


CIVIL  GOVERNMENT. 


into  slavery;  or  even  to  take  their  lives,  as  in  the  case  of  the 
proposed  sacrifice  of  Isaac  by  Abraham.  On  the  continent  of 
Europe,  at  the  present  day,  parents  have  far  greater  control 
over  their  children  than  do  parents  in  English-speaking 
countries.  In  many  countries  of  continental  Europe,  a  man 
is  not  allowed  to  marry  before  reaching  the  age  of  thirty, 
unless  he  have  the  consent  of  his  parents. 

The  family  arrangement  may  be  shown  by  the  following 
diagram : — 


MEMBERS  OF  THE  FAMILY. 


1.  Parents.- 


{Father. 


Mother. 


2.  Children. 


3. 


Servants  (if  any) 
Guests  " 

Boarders       " 
Lodgers         " 


THE  FAMILY. 


RIGHTS  AND  DUTIES  OF  CHILDREN. 


Rights. 

Duties. 

1. 

To  support  during  childhood. 

1. 

To   treat   parents   and   others 

2. 

To  protection. 

with  respect  and  kindness. 

3. 

To  food,  clothing,  shelter,  and 

2. 

To  assist  their  parents. 

medical  attendance. 

3. 

To    comfort    them    when    in 

4. 

To   kind,   polite,   and  consid- 

affliction. 

erate  treatment. 

4. 

To    love,    honor,    and    obey 

5. 

To  advice  and  guidance. 

them. 

6. 

To  reasonable  opportunity  for 

5. 

To     care     for     and     support 

play  and  recreation. 

them  in  old  age. 

7. 

To  the  opportunity  to  obtain 

6- 

To    be    polite    and    kind    to 

an  education. 

older  people. 

7. 

To  refrain  from  bad  language 
and  from  bad  habits. 

BRANCHES    OF    FAMILY    GOVERNMENT. 


Legislative. 


Judicial. 


Executive. 


These  functions  are  all  combined  in  the  parents,  and  exercised 
by  them. 


CIVIL  GOVERNMENT. 


OFFICERS    OF    THE    FAMILY. 


Name. 

Term. 

Compensation. 

Rights. 

Father 

1.  The  love  and  reverence 

1. 

To  the  custody  of  the 

and 

of  the  child. 

child. 

Mother. 

2.  The   child's   honorable 

success  in  life. 

3.  To    be    cared    for    in 

sickness  and  in  old 
age  by  the  child. 

2. 

To  have  authority  and 
control       over      the 
child  in  all  ordinary 
affairs  of  life,  until 
the  child  becomes  of 

a5 

3. 

age. 
To  make  and  enforce 

O 

proper  rules;  to  de- 
cide when  these  have 

t/3 
ID 

been  broken ;  and,  to 

s 

o 

punish  their  infrac- 

o 

tion. 

2 

4. 

To  the  earnings  of  the 
child. 

'•% 

Duties. 

'+-> 

1. 

To    make    such    rules 

;:3 

2. 

3- 
4. 

5. 
6. 

and  regulations  as 
are  reasonable  and 
proper. 

To  be  just  and  consist- 
ent in  their  decisions 
and  firm  in  their 
rulings. 

To  study  the  well-be- 
ing and  best  inter- 
ests of  the  child. 

To  bring  the  child  up 
to  a  useful  and  hon- 
orable life,  by  train- 
ing and  example. 

To  provide  the  child 
with  suitable  food, 
shelter,  clothing, 
and  wi»th  medical  at- 
tention. 

To  see  that  the  child 
is  properly  educated. 

Note. — The  rules  of  the  family  are  the  laws  of  the  family. 


CHAPTER  II. 

THE  SCHOOL. 

By  School,  is  usually  meant  a  place  where  pupils  are  as- 
sembled for  instruction  by  one  or  more  teachers.  A  school 
district  may  be  any  portion  of  a  county,  or  an  entire  county, 
under  one  executive  board  or  management.  Whether  com- 
prising only  a  portion  of  a  town  or  township,  a  whole  town  or 
township,  a  city,  or  an  entire  county,  the  school  district  is  the 
administrative  unit  of  the  educational  system.  Commonly, 
each  town  or  township  is  divided  into  several  sections,  and  in 
each  section  is  located  a  free  public  school.  Sometimes,  as  in 
New  Jersey,  the  management  of  all  the  schools  in  a  township 
is  placed  in  the  hands  of  a  township  board  of  education,  and, 
when  advisable,  the  schools  are  consolidated,  in  one  or  more 
buildings  located  at  central  and  convenient  points.  All  cities, 
and  almost  all  incorporated  boroughs,  even  though  they  cover 
but  a  portion  of  the  township  or  county,  have  separate  and 
independent  control  of  their  own  schools. 

All  children  within  the  limits  of  the  school  age  are  entitled 
to  attend  the  public  schools.  The  usual  age  for  entering  school 
is  five  or  six  years.  After  enrollment  in  a  school  the  child  is 
subject  to  its  discipline  and  answerable  to  its  rules.  The  rules 
of  the  school  are  the  laws  of  the  school. 

The  school  stands  between  family  and  civil  government, 
linking  the  two  together,  and  sharing  in  the  nature  of  each. 
From  the  home,  where  he  is  subject  to  the  rules,  or  laws,  of 
the  family,  the  child  comes  to  the  school,  where  he  is  subject 
to  its  rules,  or  laws, —  thus  learning  early  one  of  the  most 


6  CIVIL  GOVERNMENT. 

important  and  profitable  lessons  of  life  —  that  law  and  order 
are  necessary  for  maintaining  individual  liberty,  safety,  peace, 
and  property.  Apart  from  the  regulations  and  safeguards  of 
law,  true  liberty  cannot  exist. 

The  sole  function  of  the  public  schools,  and  the  purpose  for 
which  they  are  supported  (partly  by  local  taxation  and  partly 
by  the  State),  is  the  development  of  intelligence  and  character, 
by  training  and  education,  through  which,  alone,  good  citizen- 
ship is  possible  under  a  free  government.  A  state  is  powerful 
and  influential  in  proportion  to  the  intelligence  of  its  citizens; 
and  citizens  are  intelligent  and  prosperous,  in  direct  propor- 
tion to  their  training  and  education. 

By  the  members  of  the  school  is  usually  understood  only 
those  who  are  enrolled  on  the  school  registers;  but,  in  a  larger 
sense,  all  those  children  who  are  within  the  school  age  are 
members  of  the  school.  It  is  for  their  benefit  and  their  guid- 
ance in  the  pursuit  of  knowledge  that  free  public  schools  have 
been  established  by  the  State. 

The  school  is  conducted  in  an  orderly  and  systematic  man- 
ner by  the  enforcement  of  rules,  which  may  be  said  to  occupy 
the  same  relation  to  school  life  that  the  laws  of  the  State  and 
the  Nation  do  to  civil  life.  Neither  schools  nor  governments 
can  be  successfully  conducted  without  method  and  discipline, 
and  it  is  to  obtain  these  that  rules  and  laws  alike  are  made. 
School  government  forms  no  exception  to  other  systems  of 
government:  like  them,  it  has  its  legislative,  judicial,  and 
executive  functions. 

While  all  living  within  the  school  district  are  entitled  to  the 
privileges  of  the  school,  only  those  having  the  statutory  qual- 
ifications are  entitled  to  a  voice  in  the  selection  of  members 
of  the  Board  of  Education   (by  whatever  name  this  may  be 


THE  SCHOOL.  7 

called).      In  some  States,  women  are  eligible  to  election  as 
school  trustees. 

CHILDREN. 


Rights. 


Duties. 


Under  our  system  of  govern- 
ment every  child  is  not  only  en- 
titled to  a  thorough  and  com- 
plete education,  but  the  law  im- 
poses upon  him  the  duty  of  at- 
tending the  full  session  of  the 
school.  Whoever  prevents  the 
exercise  of  this  right,  or  permits 
the  avoidance  of  this  duty,  does 
wrong  to  the  child  and  breaks 
the  law  of  the  State. 


It  is  the  duty  of  each  child: — 

1.  To  attend  the  full  session  of 

the  public  school,  or  of 
some  private  institution  of 
equal  merit; 

2.  To  be  constant  and  punctual 

in  attendance ; 

3.  To     obey    the    school    rules, 

promptly  and  cheerfully, 
and  to  support  and  assist 
the  school  management. 

4.  To   strive    faithfully   to    per- 

form all  tasks  assigned  him ; 

5.  To  take  advantage  of  all  the 

opportunities  afforded  by 
the  school ; 

6.  To   keep   constantly   in   mind 

that  schools  exist  solely  for 
the  benefit  and  advantage  of 
the  children ;  and  that  to 
make  good  use  of  his  privi- 
leges is  a  duty  which  every 
child  owes  to  himself,  to  his 
parents,  and  to  the  State. 


CIVIL  GOVERNMENT. 


PARENTS. 


Rights. 


Duties. 


1.  To  have  their  children  prop- 

erly educated  in  the  public 
schools, 

2.  To    see    that    their    children 

have     equal     opportunities 
with  others. 


1.  To  see  that  their  children  are 

prompt  and  regular  in  at- 
tendance at  school. 

2.  To  support  the  efforts  of  the 

management  of  the  school, 
and  to  see  that  the  rules 
and  regulations  of  the 
school  are  complied  with. 

3.  To  see  that  the  children  are 

dutiful  and  respectful. 
4-  To  supervise  the  home  prepar- 
ation of  lessons. 


BRANCHES  OF  DISTRICT  SCHOOL  GOVERNMENT.    (nEW  JERSEY.) 


Legislative. 


Executive. 


Judicial. 


Legal  voters  at 
School  Meeting. 


Board  of  Ed- 
ucation. 
Teachers. 


Superintendent  (In  some  States, 
County  Superintendent  School  Com- 
missioner). State  Superintendent  of 
Public  Instruction. 


Both  executive  and  judicial  officers  possess  some  of  the  powers 
of  all  three  departments. 


THE  SCHOOL. 


OFFICERS. 


Name. 

Term. 

Pay. 

Duties. 

Board  of  Ed- 
ucation, or 
School 
ConMnittee. 

1 

to 
3  yrs. 

No  pay. 

1.  To  maintain  a  good  and  suitable 

school. 

2.  To     employ     competent     teachers 

and  to  fix  their  compensation. 

3.  To     provide     proper      furniture, 

books,  and  apparatus. 

4.  To  visit  the  schools,   and  to  in- 

spect the  school  premises. 

5.  To   provide   for   the  care   of  the 

school  property. 

6.  To  make  rules  for  the  government 

of  the  school. 

7.  To  make  reports  to  those  higher 

in  authority. 

Teacher. 

Varies. 

Varies. 

1.  To   instruct   the   children   and   to 

assist  in  training  them  to  become 
useful  men  and  women. 

2.  To  prepare  them  for  good  citizen- 

ship. 

3.  To    require    industry    and    obedi- 

ence;   in    order    that,    through 
proper  early  training,  they  may 
be    qualified    to    discharge    the 
responsibilities  of  citizenship. 
Rights. 

1.  The  teacher  has  the  right  to  exact 

respect  and  obedience; 

2.  To  require  industry  and  applica- 

tion. 

3.  To  expect  kindness,  politeness,  and 

help,    from    the    scholars    and 
from  their  parents. 

CHAPTER  III. 


THE  CIVIL  DIVISION. 


In  addition  to  the  laws  of  the  family,  which  are  purely 
natural  in  their  origin,  and  the  laws  of  the  school,  which 
arise  from  the  transfer  of  a  portion  of  the  family  authority  to 
the  teacher,  the  child,  as  it  grows  older,  comes  under  the  regu- 
lations of  organized  civil  government  in  its  various  forms. 
Of  these,  the  highest  in  authority  is  the  United  States;  the 
lowest,  the  civil  division,  or  unit  of  civil  government.  This 
has  different  names  and  somewhat  different  powers  in  the 
individual  States  and  in  different  sections  of  the  country. 
Generally  speaking,  the  civil  division  may  be  divided  into 
three  classes: — 

1.  The  Beat  (Mississippi). 

2.  The  Civil  District  (Tennessee). 

3.  The  Election  District  (Md.,  Wye, 
and  parts  of  Texas). 

4.  The  Election  Precinct  (Ala.,  Fla., 
Id.,  Ore.,  Utah,  and  parts  of 
111.  &  Neb.). 

5.  The  Hundred  (Delaware). 

6.  The  Justice's  Precinct,  and  Com- 
munal District  (parts  of 
Texas). 

7.  The  Magisterial  District  (Va.,  W. 
Va.,  &  pts.  of  Ky.). 

8.  The  Militia  District  (Georgia). 

9.  The  Voting  Precinct  (Parts  of 
Kentucky). 

10.  The  Ward  (Louisiana). 


I.  The  Civil  District.    ■ 


THE  CIVIL  DIVISION.  11 

II.  The  Town.     In  New  England,  New  York,  and  Wisconsin. 
Ill,  The  Township.     In  the  remaining  States. 

Under  whatever  name  it  may  exist,  and  however  limited 
it  may  be  in  its  powers,  the  Civil  District,  Town,  or  Town- 
ship, is  the  elementary  seat  of  government. 


CHAPTER  IV. 


THE  CIVIL  DISTRICT. 


The  Civil  District  is  a  subdivision  of  a  county,  to  which 
is  allotted  a  share  of  local  self-government.  It  is  simpler  in 
organization  and  less  autonomous,  or  independent,  than  the 
Town  or  Township. 

Both  in  size  and  number,  the  civil  district  varies  in  different 
States,  and  in  different  counties  in  the  same  State. 

The  purpose  of  the  division  of  the  county  into  such  sub- 
divisions is,  the  convenience  of  the  citizens  and  the  more 
equitable  administration  of  local  affairs.  Each  civil  district 
has  its  own  court  for  the  trial  of  small  causes,  thus  bringing 
justice  close  to  the  masses  of  the  people,  at  little  expense;  its 
own  peace  officers,  thus  securing  tranquility,  protection  from 
crime,  and  the  prompt  apprehension  of  offenders  against  the 
law;  and  its  own  polling  place,  or  places,  thus  affording  con- 
venience to  the  voter  in  casting  his  ballot,  and  guarding 
against  wrongful  voting  by  strangers.  In  addition  to  these 
advantages,  the  expense  of  administration  from  a  distance  is 
avoided;  the  higher  courts  are  relieved  from  the  burden  and 
expense  of  a  multitude  of  petty  cases ;  and  local  affairs  are,  to 
some  extent,  kept  in  local  hands,  where  they  most  properly 
belong  and  in  which  they  are  most  intelligently  administered. 

The  civil  district  possesses  neither  corporate  power  nor 
legislative  authority.  Its  functions,  entirely  judicial  and 
executive,  lie  within  a  very  narrow  scope.  Its  sole  province  is 
to  apply  the  laws  of  the  State  to  individual  cases,  in  the  man- 
ner prescribed  by  statute.     Any  civil  unit,  no  matter  by  what 


THE  CIVIL  DISTRICT. 


13 


name  it  may  be  called,  which  possesses  more  than  the  above 
named  power,  properly  comes  under  the  classification  of  town 
or  township. 

The  citizens  of  a  civil  district  are  those  having  a  legal  set- 
tlement in  it,  and  for  whose  better  security  in  life,  liberty, 
and  property,  it  is  instituted, 

CITIZENS. 


Rights. 


Duties. 


1.  To  the  adequate  and  impartial 

protection  of  all  the  laws. 

2.  To  security  of  person  and  of 

property. 

3.  To  require  that  the  peace  be 

preserved. 

4.  To  pursue  his  own  happiness 

in  accordance  with  his  own 
will,  providing  he  does  not 
invade  the  rights  of  others 
or  break  the  law  of  the 
land. 

5.  To   unimpeded,    uncontrolled, 

and  unintimidated  right  of 
franchise,  if  a  voter. 


1. 


2. 


3. 


To  obey  the  law,  and,  when 
called  upon,  to  assist  the 
officers  in  its  enforcement. 

To  abstain  from  injuring 
others  by  word  or  deed. 

To  assist  his  fellows  in  secur- 
ing and  in  maintaining 
their  rights  under  the  law. 

4.  To  vote  at  each  election. 

5.  To  support  those  parties  and 

those  principles  which,  in 
his  conscientious  judgment, 
make  for  the  best  interests 
of  the  whole  country. 


Officers. — The  chief  officers  of  the  civil  district  are,  the 
Justice  of  the  Peace,  and  the  Constable.  In  different  States, 
the  terms  of  these  officers  varies,  as  does  also  their  number  and 
the  manner  of  their  selection.  They  are  elected  by  the  voters, 
or  appointed  by  the  Governor,  as  the  case  may  be. 

Justice  of  the  Peace.  The  duties  of  the  Justice  of  the  Peace 
are  chiefly  judicial;  his  jurisdiction  being  coextensive  with  the 
county. 


14  CIVIL  GOVERNMENT. 

1.  He  issues  warrants  for  arrest,  upon  the  sworn  statement 
of  the  complainant; 

2.  Holds  court,  with  the  aid  of  jurors,  for  the  trial  of  mis- 
demeanors ; 

3.  Conducts  examinations  of  those  accused  of  the  graver 
crimes  and  may  remand  them  for  trial  by  a  higher  court; 

5.  Tries  and  decides  small  suits  involving  a  fixed  maximum 
sum  —  seldom  more  than  two  hundred  dollars ; 

6.  Commits  reckless  and  dangerous  persons  to  jail  in  de- 
fault of  bonds  to  keep  the  peace; 

7.  Presides,  in  certain  cases,  at  inquests  instead  of  the 
coroner; 

8.  Performs  such  other  duties  as  are  prescribed  by  statute. 

He  receives  his  compensation  in  the  form  of  fees. 
Constable.     The  duties  of  the  constable  are  chiefly  minis- 
terial : 

1.  He  ministers  to  the  justice's  court; 

2.  Serves  writs,  warrants,  and  other  processes  of  the  courts; 

3.  Preserves  the  public  peace  and  arrests  violators  of  the 
law. 

In  some  States  he  is  elected  by  the  people;  in  others,  ap- 
pointed by  the  Governor.  His  compensation  is  received  in 
the  form  of  fees  or,  for  certain  services,  at  a  fixed  rate  per 
diem. 


CHAPTER  V. 


THE  TOWN  AND  TOWNSHIP. 


The  Town  or  Township  is  the  most  typical  of  our  civil 
divisions.  Generally  speaking,  the  Town  of  the  New  England 
States,  New  York,  etc.,  possesses  a  greater  degree  of  self-gov- 
ernment than  does  the  Township  of  the  Middle  and  Western 
States;  while  these,  in  turn,  have  a  much  more  extensive 
province  than  has  the  Civil  District  (by  whatever  named 
called)  of  the  Southern  States.  From  the  general  similarity 
of  their  organization  and  their  powers,  and  the  popular  use 
of  their  names  interchangeably,  the  Town  and  Township  may 
be  best  treated  together. 

A  Town  or  Township  is  a  subdivision  of  a  county,  organized 
and  incorporated  for  the  convenience  of  its  own  inhabitants 
and  invested  with  certain  powers  for  the  regulation  and 
administration  of  its  purely  local  affairs.  It  derives  these 
corporate  powers  from  the  general  or  special  act  of  the  legis- 
lature under  which  it  was  incorporated  —  this  incorporating 
act  is  sometimes  spoken  of  as  its  charter. 

When  we  speak  of  any  political  division  by  name,  whether 
the  township  or  the  Nation,  we  may  have  in  mind  the  body 
of  the  people  who  occupy  the  territory  within  its  limits;  or, 
we  may  think  of  the  territory  itself.  The  context  usually 
points  out  the  sense  in  which  the  word  is  used. 

In  the  early  settlement  of  the  Eastern  States,  the  inhabitants 
of  the  territory  contiguous,  and  naturally  tributary,  to  the 
various  villages,  which  were  usually  located  at  a  considerable 
distance  from  other  settlements,  found  that  they  could  best 


16  CIVIL  GOVERNMENT. 

subserve  their  common  interests  by  organizing  themselves  into 
towns  or  townships,  for  the  conduct  of  local  affairs.  Most  of 
the  Western  States,  having  been  settled  at  a  later  date,  were 
surveyed  by  the  United  States  government  into  townships 
(sometimes  called  Congressional  Townships)  of  regular  shape, 
and  about  six  miles  square.  The  modern  township  is  the  mark 
of  the  ancient  German  tribes,  transplanted  into  England  under 
the  name  of  township  and  from  thence  brought  to  America 
under  the  denomination  of  town  or  township. 

The  number  of  towns  or  townships  in  a  county  varies  ac- 
cording to  the  needs  or  the  convenience  of  the  different  local- 
ities, and  may  be  changed  from  time  to  time  to  meet  new 
conditions  and  altered  requirements. 

As  it  is  evident  that  local  needs,  which  are  often  met  by 
local  taxation,  are  best  known  to  the  inhabitants  of  a  com- 
munity, it  follows  that  local  self-direction  and  responsibility 
is  more  satisfactory,  inexpensive,  just,  and  convenient  than 
any  other  form  of  government.  The  closer  government  is 
brought  to  the  people,  the  more  responsive  it  is  to  the  people's 
will  and  the  more  in  harmony  with  our  theory  of  government. 
The  purpose,  then,  of  the  township  form  of  government  is  the 
prompt  and  efficacious  supply  of  local  needs,  the  redress  of 
local  grievances,  and  the  appropriation  of  local  taxes. 

A  tax  is  a  sum  of  money  assessed  against  persons  or  prop- 
erty, for  the  use  of  government.  In  the  different  States, 
counties,  towns,  etc.,  the  greater  portion  of  the  taxes  is  levied 
on  real  estate.  Most  States  assess  a  small  poll  tax ;  i.  e.,  a 
per  capita  tax  against  every  legal  voter.  Assessment  means 
valuation.  A  legal  voter  is  one  who  is  entitled  to  the  privilege 
of  franchise. 

The  citizens  of  a  township  are  those  living  within  its  boun- 


THE  TOWN  AND  TOWNSHIP.  17 

daries ;  its  voters,  those  who  possess  the  statutory  qualifications 
for  the  exercise  of  the  privilege  of  suffrage. 

Rights  of  Citizens. 

1.  To  the  enjoyment,  in  common  with  all  mankind,  of  life, 
liberty,  property,  and  the  pursuit  of  happiness. 

2.  To  the  even-handed  protection  of  the  law. 

3.  To  the  possession  and  to  the  use  of  private  property,  in 
any  way  that  does  not  trespass  upon  the  rights  of  others. 

4.  To  security  in  persons,  houses,  papers,  and  effects,  from 
unreasonable  searches  and  seizures. 

5.  To  security  in  life,  liberty,  and  private  property,  unless 
deprived  thereof  by  due  process  of  law. 

6.  To  the  privilege  of  franchise,  if  qualified  according  to 
statute. 

Duties  of  Citizens. 

1.  To  live  honestly. 

2.  To  injure  no  one. 

3.  To  do  right  by  all. 

4.  To   vote,   if  qualified,   intelligently   and  conscientiously. 

TOWNSHIP    GOVERNMENT. 

Each  town  or  township  possesses  restricted  legislative,  judi- 
cial, and  executive  functions.  Within  specified  limitations,  the 
township  committee,  trustees,  town  council,  or  selectmen  (as 
this  body  is  variously  called)  may  make  enactments;  the  judi- 
cial department  (justices)  may  apply  them;  and  the  executive 
department  (constables,  etc.)  enforce  them.  In  the  New  Eng- 
land States,  and  a  few  others,  almost  all  local  affairs  are 
within  the  province  of  the  town  government,  which  is  admin- 


18  CIVIL  GOVERNMENT. 

istered  by  a  board  (having  different  names  in  different  States; 
as,  selectmen,  town  committee,  and  the  like)  elected  by  the 
duly  qualified  voters  of  the  town.  In  the  States  in  which  the 
township  system  prevails,  the  general  functions  of  this  board 
are  largely  similar  to  those  of  the  like  body  in  towns,  but  much 
more  restricted  in  their  scope.  In  all  States,  such  boards  are 
the  legal  guardians  and  custodians  of  the  people's  interests, 
and  may  make  ordinances  and  by-laws  of  binding  force.  In 
law,  each  town  or  township  is  a  corporation :  that  is,  it  may 
sue  and  be  sued;  borrow  money;  and  buy,  sell,  and  rent  prop- 
erty for  public  purposes,  in  its  corporate  capacity. 

Legislative  Department — In  the  New  England  States,  the 
whole  body  of  voters  assembled  in  town-meeting  constitutes 
the  legislative  department  of  the  town  government.  In  the 
Middle  and  Western  States,  the  legislative  power  is  vested 
in  the  Township  Committee,  Trustees,  Selectmen,  etc.,  by 
which  various  names  this  body  is  known.  Their  legislative 
functions  are  narrow,  being  confined  to  matters  that  are  purely 
local.  In  some  States,  they  may,  to  a  limited  extent,  levy 
taxes  for  local  purposes.  Their  laws  are  called  ordinances 
or  by-laws. 

Judicial  Department. — A  limited  jurisdiction  is  vested  in 
one  or  more  justices  of  the  peace  elected  by  the  people. 

Executive  Department, — In  every  form  of  government,  in- 
cluding the  town  and  township,  the  executive  department  has 
the  most  extensive  duties  and  requires  the  greatest  number  of 
officers  for  their  discharge.  The  executive  officers  of  a  town 
or  township  may  include  supervisor  (in  some  States),  treas- 
urer, clerk,  collector,  assessor,  overseers  of  the  poor,  and  of 
the  roads,  constables,  school  directors  (under  sundry  names), 
surveyors   of   the   highway,    commissioners   of   appeals,    and 


THE  TOWN  AND  TOWNSHIP.  19 

numefous  others.     These  officials  are  usually  elected  by  the 
legal  voters  of  the  town  or  township. 

Election. — An  election  (called  in  some  States,  town-meet- 
ing) is  held  annually  upon  a  day  fixed  by  law,  at  an  ap- 
pointed place,  for  the  election  of  town  or  township  officers  and 
for  the  appropriation  of  money  to  be  raised  by  taxation  for 
local  public  purposes.  The  great  advantage  of  this  system 
is  that  it  brings  local  government  near  to  the  people  and 
places  upon  them  the  responsibility  of  a  personal  knowledge 
of  the  characters  of  those  whom  they  elect  to  offices  of  public 
trust.  Further,  through  this  training  in  dealing  with  their 
own  local  affairs,  they  are  trained  and  qualified  to  take  an 
intelligent  part  in  the  larger  affairs  of  State  and  Nation.  The 
form  of  town  or  township  government  is  a  very  near  approach 
to  pure  democracy. 

TYPICAL  TOWNSHIP  ORGANIZATION. 

Township  Committee. — The  township  committee  (board  of 
selectmen,  supervisors,  etc.)  usually  consists  of  from  three  to 
seven  members,  a  portion  of  whom  are  elected  annually  by 
the  people  for  a  term  prescribed  by  law  —  in  most  cases  from 
one  to  three  years.  This  committee  has  considerable  scope  and 
power  in  the  government  of  the  township.  It  can  enact  ordi- 
nances and  make  and  enforce  rules  and  regulations  for  the 
welfare  of  the  township.  It  has  charge  of  the  public  utilities 
and  improvements  of  the  township,  and  looks  after  and  ad- 
ministers its  finances.  It  has,  also,  some  judicial  functions;  as, 
auditing  accounts,  requiring  a  bond  from  the  treasurer,  and 
the  like.  Its  members  are  usually  paid  a  fixed  sum  for  each 
day  of  actual  service. 

Township  Clerk. — The  township  clerk  is,  usually,  elected  by 


20  CIVIL  GOVERNMENT. 

the  people  for  a  period  regulated  by  statute,  by  which,  also, 
the  manner  of  his  compensation  is  ascertained.  He  keeps  the 
minute-book  of  the  township  committee,  calls  all  meetings,  and 
performs  such  other  duties  as  are  required  by  law.  In  most 
States  he  makes  up  a  yearly  statement  of  the  financial  condi- 
tion of  the  township.  In  some  States  he  keeps  the  poll-lists 
and  other  legal  papers  of  the  township,  and  has  charge  of  the 
records  of  marriages,  births,  deaths,  and  the  like. 

Township  Treasurer. — The  township  treasurer  is  (usually) 
appointed  by  the  township  committee  or  elected  by  the  people. 
In  the  event  of  failure  to  appoint  a  treasurer,  the  township 
clerk  usually  discharges  the  duties  of  the  office.  The  town- 
ship treasurer  is  the  custodian  of  the  township  funds. 

Overseer  of  the  Poor. — The  overseer  of  the  poor  is  elected 
for  a  period  of  from  one  to  three  years,  the  term  varying  in 
different  States.  He  has  charge  of  the  "poor  farm,"  where 
there  is  one,  and  exercises  general  supervision  over  the  expen- 
diture of  township  funds  for  the  benefit  of  those  persons  who 
need  and  are  entitled  to  such  assistance. 

Assessor. — The  assessor  is  elected  for  a  term  prescribed  by 
law,  in  most  States  from  one  to  three  years.  It  is  his  duty  to 
place  a  just  valuation  on  each  piece  of  real  estate  and  on  the 
taxable  personal  property  of  each  individual  within  the  town- 
ship, for  the  purposes  of  taxation.  A  copy  of  this  assessment, 
known  as  the  Assessor's  duplicate,  must  be  furnished  to  the 
township  collector,  in  order  that  he  may  collect  the  taxes  so 
levied. 

Commissioners  of  Appeals. — The  commissioners  of  appeals 
(usually  three  in  number)  meet  on  certain  specified  days  to 
hear  complaints  and  adjust  grievances  in  cases  where  assess- 
ments are  claimed  to  be  too  high.     In  some  States,  the  regula- 


THE  TOWN  AND  TOWNSHIP.  21 

tion  of  assessments  is  in  the  hands  of  State  and  county  Boards 
of  Equalization. 

Township  Collector. — The  township  or  town  collector  is 
charged  with  the  duty  of  collecting  (and  in  some  States,  of 
disbursing)  all  taxes  returned  to  him  on  the  assessor's  dupli- 
cate. If  not  collected  by  a  certain  date,  fixed  by  law,  the 
amounts  of  the  taxes  remaining  unpaid  and  the  names  of  the 
delinquents  are  recorded  in  the  office  of  the  County  Clerl:. 
Taxes,  when  so  recorded,  become,  with  interest  and  costs,  a 
first  lien  upon  real  estate. 

Justice  of  the  Peace. — Justices  of  the  peace  are  judicial  of- 
ficers for  the  first  inquiry  into  crimes,  disturbances,  and  the 
like;  and  for  the  trial  of  small  causes,  a  record  of  which  must 
be  kept  in  a  book  called  the  "docket."  Their  jurisdiction  is 
limited  to  an  amount  which  varies  in  the  different  States. 
This  is,  ordinarily,  two  hundred  dollars,  although,  in  some 
States,  the  amount  is  as  low  as  fifty  dollars.  In  such  cases, 
their  courts  are  courts  of  record.  Trial  may  be  had  with  or 
without  a  jury,  at  the  election  of  the  litigants.  An  appeal  from 
all  decisions  of  the  justices'  courts  lies  to  the  higher  courts, 
without  the  necessity  of  assigning  legal  grounds  for  such 
appeal. 

A  justice  of  the  peace  may,  in  criminal  cases,  issue  war- 
rants for  the  apprehension  of  persons  charged  with  crime  or 
misdemeanor,  when  such  charge  is  made  under  oath.  He 
must  hold  in  bail  or  commit  to  await  the  action  of  the  grand 
jury,  all  persons  against  whom  reasonable  proof  is  brought 
that  they  are  parties  to  crime  or  to  breach  of  the  peace. 

Among  his  further  powers :  he  may  perform  marriages,  take 
aflfidavits  and  acknowledgments,  and  issue  search  warrants 
upon  sworn  statement  showing  reasonable  grounds.     In  some 


.22  CIVIL  GOVERNMENT. 

cases,  he  sits  in  the  place  of  the  coroner.  He  receives  his  com- 
pensation from  fees. 

Constable. — The  constable  is  an  officer  of  the  peace,  and  is 
elected  by  the  people,  usually  for  three  years.  His  duties  are : 
to  preserve  and  maintain  the  peace;  to  execute  the  processes 
and  judgments  of  the  courts;  to  serve  warrants  issued  by  jus- 
tices of  the  peace ;  to  sell  goods  upon  execution  ;  to  select  juries ; 
and  to  perform  such  other  duties  as  are  prescribed  by  law. 
He  may,  and  it  is  his  duty  to  arrest,  without  a  warrant,  persons 
actually  engaged  in  the  commission  of  crime.  Under  such 
circumstances,  he  has  the  right  to  compel  the  assistance  of 
other  citizens. 

Board  of  Education. — In  some  States,  every  township  is 
divided  into  several  school  districts,  each  of  which  has  its  own 
board  of  education,  school  committee,  or  trustees.  In  other 
States,  the  whole  township  is  regarded  as  a  single  school  dis- 
trict, and  but  one  board  of  education  is  elected.  Such  boards 
have  in  charge,  the  expenditure  of  school  monies,  the  employ- 
ment of  teachers,  the  care  of  school  property,  and  the  general 
administration  of  the  schools. 

Other  Township  Officers. — Besides  the  above  described  of- 
ficers, townships  usually  have,  election  officers,  road  overseers, 
surveyors  of  the  highway,  poundkeepers,  a  board  of  health, 
etc.,  whose  functions  are  sufficiently  indicated  by  their  names. 
The  board  of  health  has  an  especially  wide  range  of  power, 
and,  under  modern  conditions,  is  becoming  more  and  more 
important.  In  some  States,  there  are  sealers,  who  keep  cor- 
rect copies  of  the  standards  of  weights  and  measures. 


CHAPTER  VI. 


THE  COUNTY. 


The  County  forms  the  connecting  link  between  the  township 
and  the  State,  its  form  of  gov-ernment  partaking  of  the  nature 
of  each.  In  the  early  days  of  the  settlement  of  the  country, 
while  the  town  and  township  forms  of  government  sufficed  for 
the  regulation  and  administration  of  the  ordinary  local  affairs 
of  the  settlers;  yet  the  expense  and  inconvenience  of  being 
obliged  to  go  to  the  capital  of  the  colony  or  province  for  the 
transaction  of  the  more  important  matters  of  public  concern, 
such  as  trials  in  the  superior  courts,  the  probate  of  wills,  the 
transfer  of  land  titles,  and  the  like, —  became  increasingly  evi- 
dent, and  was  a  burden  of  no  small  consequence.  This  led 
to  the  establishment  of  counties,  modeled  largely  on  the  form 
of  the  divisions  of  the  same  name  into  which  England  was 
apportioned  after  the  Conquest. 

A  coujtty  may  be  defined  as  one  of  those  political  divisions 
into  which  a  State  is  apportioned  for  the  better  administra- 
tion of  justice.  Each  county  possesses  a  county  court  of  in- 
ferior jurisdiction,  and  is  also  a  part  of  a  circuit  in  which  the 
supreme  court  of  the  State  holds  regular  sessions.  Counties 
are  created  by  act  of  the  legislature,  or  general  assembly, 
of  the  State,  which  act  is  known  as  their  charter,  and  their 
boundaries  and  organization  are  subject  to  modification  and 
change  by  that  body.  In  its  turn,  the  county  is  subdivided 
into  towns,  townships,  or  civil  districts.  In  the  Southern 
States  the  power  of  the  county  is  far  greater  than  that  of  the 
civil  district;  in  the  Middle  and  Western  States  it  has  more 


24  CIVIL  GOVERNMENT. 

power  than  the  township ;  while,  in  the  New  England  States, 
the  power  of  the  town  is  greater  than  that  of  the  county,  which 
is,  indeed,  but  little  more  than  a  judicial  and  a  highway  dis- 
trict. The  parish  of  Louisiana  corresponds  to  the  county  of 
other  States. 

The  purpose  for  which  States  are  divided  into  counties  is, 
the  convenience  of  the  citizens  in  the  administration  of  such 
local  affairs  as  are  too  comprehensive  for  the  smaller  com- 
munities, and  yet  not  sufficiently  extensive  to  embrace  the 
whole  State;  the  better  administration  of  justice,  through  the 
county  and  the  circuit  courts;  the  transaction  of  business  with 
the  State;  and,  in  some  States,  the  apportionment  of  represen- 
tatives to  both  branches  of  the  legislature.  Each  county  main- 
tains a  court  house,  a  county  jail,  and,  perhaps,  other  county 
buildings;  and  has  its  own  officers  (elected  by  the  people  or 
appointed  by  the  governor  or  other  appointive  power)  ;  such 
as,  sheriff,  prosecuting  attorney,  surrogate,  and  the  like. 

County  Seat. — The  place  where  the  county  courts  are  held, 
and  the  county  buildings  and  offices  located,  is  called  the 
county  seat.  The  public  records  are  kept  here;  and  here, 
wills,  deeds,  mortgages,  and  other  like  documents  are  copied 
and  recorded  with  the  respective  public  officers. 

County  Government. — The  government  of  the  county,  like 
that  of  the  State  and  of  the  Nation,  is  representative,  or  repub- 
lican, in  form,  its  principal  officers  being  elected  by  the  people. 
Like  the  United  States,  too,  it  has,  in  almost  all  of  the  States, 
the  natural  departments  of  government :  legislative,  executive, 
and  judicial;  although  the  functions  of  these  departments  are 
not  always  distinct  and  independent. 

Legislative  Department. — To  the  Board  of  County  Commis- 
sioners, Board  of  Chosen  Freeholders,  or  Board  of  Supervis- 


THE  COUNTY.  25 

ors  (as  this  body  is  variously  termed),  the  public  interests  of 
the  county  are,  in  most  States,  entrusted,  and  the  legislative 
power  assigned;  although  in  some  States  the  power  of  the 
board  is  almost  wholly  executive.  In  a  few  of  the  States  the 
board  is  made  up  of  the  justices  of  the  county,  presided  over 
by  the  county  judge.  In  most  States,  municipalities  above  a 
certain  population  are  entitled  to  representation  on  this  board. 
In  some  States,  as  Michigan  and  Illinois,  each  township  elects 
to  the  board  one  member,  who  is  an  officer  of  both  township 
and  county. 

Executive  Department. — The  sheriff,  prosecuting  attorney, 
county  clerk,  county  collector,  and,  in  many  States,  county 
superintendent  of  schools  are  the  principal  executive  officers 
of  the  county.  They  are  invested  with  the  power,  and  charged 
with  the  responsibility  of  carrying  the  laws  of  the  State  and  of 
the  county  into  effect. 

Judicial  Department. — The  judicial  power  of  the  county  is 
vested  in  the  various  courts:  County,  Orphans,  Probate,  etc. 
By  the  courts,  justice  is  administered;  the  laws  are  inter- 
preted; and  the  rights  of  citizens  and  of  communities,  main- 
tained. In  many  States  the  county  or  probate  judge  is  the 
most  important  county  officer. 

Oath  of  Office  and  Bond. — Before  entering  upon  the  dis- 
charge of  their  duties,  all  county  officers  must  take  an  oath 
of  office,  prescribed  by  Statute;  and,  many  of  them  are  also 
required  to  give  a  bond  for  the  faithful  performance  of  their 
duties. 

TRIALS. 

Almost  all  trials,  both  civil  and  criminal,  are  heard  in  the 
county  courts.     It  is  in  this  connection  that  the  thoughts  of  the 


26  CIVIL  GOVERNMENT. 

average  citizen  are  most  often  turned  toward  the  county 
government. 

Civil  Causes — The  ordinary  course  of  a  civil  suit  or  action, 
is  entirely  conducted  by  papers,  except  at  the  actual  trial  of  the 
cause,  or  case.     Usually,  a  civil  suit  proceeds  as  follows : — 

A  summons  is  served  upon  the  defendant,  at  the  instance  of 
the  plaintijf,  or  party  suing.  A  summons  is  a  writ,  issued  by 
a  court,  and  summoning,  or  commanding,  the  defendant,  or 
party  sued,  to  appear  in  court  and  answer  the  demand  of  the 
plaintiff.  In  most  cases,  it  is  not  necessary  for  the  defendant 
to  come  personally  into  court  in  answer  to  this  summons;  he 
may,  through  his  attorney,  file  a  notice  of  appearance  in  the 
office  of  the  clerk  of  the  court.  If  he  does  not  appear  by  a 
fixed  date,  specified  in  the  summons,  judgment,  or  the  de- 
cision of  the  court,  is  entered  against  him  by  default,  and 
execution  issues.  But,  in  most  States,  judgment  cannot  be 
taken  by  default,  unless  a  copy  of  the  complaint  was  served 
upon  the  defendant  at  the  same  time  as  the  summons. 

If  the  defendant  enters  his  appearance,  the  next  step 
requisite  is,  that  the  plaintiff  file  his  complaint,  or  declaration, 
setting  forth  his  claim  and  the  facts  upon  which  it  is  based. 

The  defendant  then  responds  by  filing  his  plea,  answer,  or 
demurrer,  which  specifies  the  nature  of  his  defense.  All  these 
papers  are  called  the  pleadings.  The  arguments  of  counsel  are 
popularly  called  "pleadings,"  but  this  is,  technically  speaking, 
incorrect. 

When  the  pleadings  have  brought  the  dispute  to  an  issue; 
that  is,  to  a  point  where  the  plaintiff  alleges  something  which, 
if  true,  entitles  him  to  recover  a  sum  of  money  from  the  de- 
fendant; and  the  defendant  denies  the  truth  of  the  facts  so 
alleged  by  the  plaintiff,  the  case  goes  to  trial. 


THE  COUNTY.  27 

Trials  are  sometimes  held  before  the  court  alone;  but  are 
more  usually  decided  by  a  jury,  who  find  the  facts  from  the 
testimony  offered  at  the  trial,  and  award  judgment  in  accord- 
ance with  the  law  as  explained  and  expounded  by  the  court. 

The  trial  itself  proceeds  substantially  as  follows : — 

First,  a  jury  is  chosen  and  sworn  to  'well  and  truly  try  the 
cause  and  to  deliver  an  impartial  verdict,  in  accordance  with 
the  law  and  the  evidence.' 

Then  the  plaintiif's  counsel  opens  his  side  of  the  case  by 
briefly  stating  the  nature  of  the  action  and  what  he  expects 
to  prove  by  the  evidence. 

Next,  witnesses  for  the  plaintiff  are  called  and  examined  by 
his  counsel.  If  witnesses  do  not  come  voluntarily  into  court 
to  give  their  evidence,  they  may  be  compelled  to  do  so  by  a 
subpoena.  A  subpoena  is  a  writ  commanding  the  presence  in 
court  of  a  person  as  a  witness,  under  a  penalty  for  disobedience. 
The  examination  of  a  witness  on  behalf  of  the  party  calling 
him  is  called  the  direct  examination. 

When  the  plaintiff's  counsel  has  finished  with  the  examina- 
tion of  each  of  his  witnesses,  the  counsel  for  the  defendant  has 
the  right  to  cross-examine  that  witness.  In  a  cross-examina- 
tion, a  greater  latitude  is  allowed  in  questioning  a  witness  than 
on  the  direct  examination.  But  a  witness  is  required  to 
answer  only  the  questions  put  to  him ;  he  may  not  volunteer 
information. 

After  all  the  witnesses  for  the  plaintiff  have  been  examined 
and  cross-examined,  the  counsel  for  the  defense  briefly  states 
his  side  of  the  case  and  what  he  expects  to  prove  by  the  evi- 
dence on  his  behalf. 

He  then  calls  his  witnesses  and  introduces  his  evidence. 


28  CIVIL  GOVERNMENT. 

Each  witness  for  the  defence,  after  he  has  finished  his  direct 
testimony,  is  cross-examined  by  counsel  for  the  plaintiff. 

After  all  the  witnesses  on  both  sides  have  been  examined, 
and  all  the  evidence  introduced,  the  counsel  for  the  defendant 
makes  an  address  to  the  jury,  in  which  he  sums  up  the  evi- 
dence that  has  been  adduced  and  argues  the  case  from  his 
standpoint. 

He  is  followed,  in  like  manner,  by  the  counsel  for  the 
plaintiff,  who  argues,  or  sums  up,  his  side  of  the  case. 

The  judge  then  charges  the  jury;  that  is,  he  briefly  sum- 
marizes the  evidence  on  both  sides,  designating  the  points  to 
be  decided  by  the  verdict  of  the  jury  and  instructing  them  as 
to  the  law  applicable  to  the  case. 

The  jury  then  retire  and  deliberate  in  secret  upon  their 
verdict.  If  they  do  not  agree  upon  a  verdict,  they  are  dis- 
charged; and  another  trial  may  be  had.  If  they  do  agree,  they 
come  into  court  and  deliver  their  verdict.  In  most  States,  a 
jury  cannot  render  a  verdict  unless  all  are  agreed.  Some 
States,  however,  do  not  require  that  a  jury  be  unanimous. 

After  the  verdict  has  been  rendered,  if  it  be  in  favor  of  the 
plaintiff,  judgment  is  entered  upon  the  records  of  the  court. 
If  the  defeated  party  thinks  that  any  error  of  law  has  been 
committed  during  the  trial  of  the  cause,  he  may  appeal,  or 
apply,  to  a  higher  court,  asking  for  a  new  trial.  Such  appeal 
only  lies  on  technical  grounds,  for  error  in  point  of  law. 

After  a  judgment  has  been  obtained,  if  the  judgment  debtor 
does  not  pay  it,  a  writ  of  execution  is  issued  to  the  sheriff,  com- 
manding him  to  seize  the  debtor's  property  and  sell  enough 
of  it  to  pay  the  judgment  and  costs.  If  there  is  not  enough 
property  to  satisfy  the  judgment,  a  deficiency  judgment  is 
entered   up  of  the  unpaid  balance,   which  can  be  collected, 


Of    THE 

UNIVERSITY  j 
THE  C0UNTY\^^,  ^l^,^„,^y      29 

should  the  judgment  debtor  afterward  acquire  sufficient  prop- 
erty. Certain  kinds  of  property,  of  less  than  a  fixed  amount 
in  value,  are  not  subject  to  execution;  as,  household  goods, 
clothing,  tools  of  trade,  and  the  like. 

Criminal  Cases. — The  usual  order  of  procedure  in  a  crimi- 
nal case  is:  (1)  Arrest;  (2)  Commitment  and  Bail;  (3)  In- 
dictment; (4)  Arraignment;  (5)  Trial  and  Conviction;  (6) 
Sentence. 

1.  Arrest. — In  criminal  cases  the  first  step  is  (usually)  the 
issuance  of  a  warrant  for  the  arrest  of  the  person  charged  with 
violation  of  the  law.  A  warrant  is  a  writ,  signed  by  a  justice 
of  the  peace  or  other  competent  magistrate,  directed  to  any 
constable  of  the  county,  commanding  him  in  the  name  of  the 
State  to  produce  the  body  of  the  accused  to  answer  to  the 
charge  of  the  complainant,  or  of  the  complaining  witness. 
An  arrest  may  be  made  by  an  officer  of  the  law  or  by  a  citizen, 
without  a  warrant,  if  eyewitnesses  to  the  commission  of  the 
crime. 

Thus  authorized  by  the  warrant,  the  officer  serves  it  by 
showing  it  to  the  accused  and  taking  him  into  custody.  If 
resistance  is  made  to  the  execution  of  the  warrant,  the  officer 
has  the  right  to  call  upon  any  citizen  for  assistance,  and  such 
citizen  is  obliged  to  give  his  aid. 

2.  Commitment. — As  soon  as  practicable  after  arrest,  the 
prisoner  must  be  taken  before  the  justice  issuing  the  warrant, 
or  some  other  competent  magistrate,  for  examination.  If  this 
examination  clearly  shows  that  no  crime  has  been  committed 
or  that  there  arc  no  probable  grounds  for  believing  the 
prisoner  to  be  guilty  of  the  offence  charged,  he  is  released. 
But  if  there  is  reasonable  cause  to  believe  him  guilty,  it  is  the 
duty  of  the  magistrate :  either  to  hold  him  in  reasonable  bail 


30  CIVIL  GOVERNMENT. 

to  answer  to  the  charge  before  a  higher  court;  or  else,  to  com- 
mit him  to  jail  for  trial  or  to  await  the  action  of  the  grand 
jury,  as  the  case  may  be.  A  person  is  always  entitled  to  bail, 
unless  the  charge  is  of  a  capital  crime  and  the  presumption 
against  him  strong.  Excessive  bail  must  not  be  required.  By 
bail  is  meant  security  for  appearance  in  court  when  wanted. 

3.  Indictment. — If  the  arrest  of  the  accused  occurred  with- 
out his  having  been  first  indicted  by  the  grand  jury  (see  page 
33),  the  evidence  against  him  is  now  presented  to  that  body, 
no  evidence  in  his  favor  being  permitted  to  be  given  at  this 
time.  When  the  grand  jury  have  heard  the  evidence  against 
the  accused  person,  if  the  majority  of  them  think  the  accusa- 
tion not  sufficiently  proven,  they  endorse  upon  the  written 
charge,  or  indictment,  the  words,  "not  found,"  and  then  the 
prisoner  is  discharged  without  further  answer.  But  if  a 
majority  of  the  grand  jury  are  satisfied  of  the  truth  of  the 
accusation,  they  endorse  upon  the  indictment,  "a  true  bill." 
'The  indictment  is  then  said  to  be  found,  and  the  party  stands 
indicted,' 

4.  Arraignment. — As  soon  as  may  be,  after  indictment,  the 
prisoner  is  arraigned;  that  is,  brought  before  the  court  to 
plead  to  the  indictment.  The  indictment  is  read  to  him;  and 
the  judge  asks  him  if  he  is  guilty  or  not  guilty.  If  the  prisoner 
plead  "guilty,"  nothing  remains  but  the  imposition  of  the 
sentence  and  the  execution  of  the  judgment  of  the  court.  If, 
however,  the  prisoner  plead  "not  guilty,"  he  is  remanded  to 
jail  to  await  trial  or  is  held  in  bail  to  answer  when  called  upon. 

5.  Trial. — The  method  of  conducting  trials  in  criminal 
cases  is  largely  the  same  as  in  civil  cases. — 

A  jury  is  drawn  or  selected;  the  prosecuting  officer  states 
the  case  against  the  prisoner;  witnesses  for  the  prosecution 


THE  COUNTY.  81 

are  called  and  examined;  each  witness  for  the  prosecution  is 
cross-examined  by  counsel  for  the  prisoner.  The  prisoner's 
attorney  then  states  his  side  of  the  case;  calls  witnesses  to 
prove  it,  these  witnesses  being  cross-examined  by  the  prose- 
cuting-attorney ;  and  sums  up  the  evidence  and  arguments  in 
the  prisoner's  favor.  He  is  followed  by  the  prosecuting-at- 
torney,  who  sums  up  on  behalf  of  the  State.  The  judge  then 
charges  the  jury,  who  retire  to  consider  their  verdict. 

If  the  verdict  of  the  jury  is,  "not  guilty,"  the  prisoner  is  dis- 
charged. But  if  the  verdict  be,  "guilty,"  the  prisoner  is 
brought  before  the  court  for  judgment  and  sentence. 

Sentence. — The  sentence  which  may  be  pronounced  against 
a  convicted  prisoner  varies  with  the  degree  of  the  crime  of 
which  he  may  have  been  convicted,  and  with  the  circumstances 
of  the  individual  case.  Death  is  the  highest  penalty  that  may 
be  inflicted.  In  some  States,  imprisonment  for  life  is  the 
highest  penalty.  Under  no  circumstances  may  "cruel  or  un- 
usual" punishments  be  inflicted.  The  usual  mode  of  punish- 
ment is  by  fine  or  imprisonment,  or  both.  Sometimes,  in  cases 
where  there  are  extenuating  circumstances,  sentence  may  be 
suspended.  That  is,  the  prisoner  is  released  on  promise  of 
future  good  behavior.  If  he  break  this  promise,  and  is  again 
convicted  of  crime,  the  penalty  of  his  first  conviction  may  be 
added  to  that  of  the  second. 

After  a  person  has  been  convicted  of  a  crime,  he  may  be 
pardoned,  or  he  may  have  his  sentence  commuted  to  a  lesser 
punishment,  by  the  Governor  or  other  competent  authority  of 
the  State.  If  the  crime  was  committed  against  the  United 
States,  the  President  may  grant  a  pardon  or  commutation,  if 
such  course  seem  wise  to  him. 

Neither  in  civil  nor  in  criminal  cases  is  a  person  compelled 


32  CIVIL  GOVERNMENT. 

to  employ  a  lawyer  to  prosecute  or  defend  his  case.  He  may, 
if  he  choose,  act  as  his  own  counsel ;  although  such  a  course 
is  almost  invariably  unwise.  If  too  poor  to  employ  a  lawyer, 
the  court  will  assign  him  one  at  the  expense  of  the  State. 

OFFICERS  OF  TYPICAL  COUNTY  GOVERNMENT. 

Board  of  County  Commissioners  (Supervisors,  Chosen  Free- 
holders, etc.).  To  this  board,  in  most  States,  are  committed 
the  legislative,  and  some  executive,  duties  of  the  county.  The 
duties  of  the  Commissioners  are,  in  general,  to  erect  and  main- 
tain county  bridges,  roads,  etc.;  to  care  for  county  buildings 
and  county  property;  to  appropriate  county  money  for  public 
purposes;  to  act  as  agents  for  the  county  in  its  corporate 
capacity,  and  to  perform  such  other  duties  as  may  be  required 
by  law.  The  powers  and  duties  of  this  board  vary  consid- 
erably in  the  different  States.  In  some,  they  have  power  to 
erect  new,  and  alter  the  boundaries  of  old,  townships;  in  some, 
to  fix  the  salaries  of  the  county  officials ;  while  in  others,  their 
functions  are  almost  entirely  executive. 

County  Judge. — The  county  judicial  power  is  usually  vested 
in  a  county  or  a  probate  judge,  who,  in  some  States,  is  the 
most  important  county  officer.  Generally  speaking,  he  grants 
licenses,  holds  examining  trials,  and  sits  in  the  county  court  to 
try  minor  offences  and  misdemeanors,  and  civil  suits  for  small 
amounts.  In  some  States,  the  duties  of  surrogate,  probate 
judge,  and  county  judge  are  entrusted  to  one  judge;  in  others, 
they  are  separated  and  placed  in  the  hands  of  different  officers. 

Sheriff. — The  sheriff  is  the  head  of  the  executive  depart- 
ment of  the  county.  It  is  his  duty  to  maintain  and  preserve  the 
peace  within  the  county,  and  to  put  down  any  rioting  or  vio- 
lence that  may  arise.     To  this  end,  he  may  deputize  any  num- 


THE  COUNTY.  33 

ber  of  citizens  that  he  may  deem  advisable.  In  the  event  of 
serious  riot  and  disorder,  he  may  call  upon  the  governor  to 
assist  him  with  the  militia. 

He  has  charge  of  the  jails  of  the  county.  He  must  care  for 
and  keep  safe  all  witnesses  held  to  give  evidence  at  any  trial; 
all  prisoners  held  awaiting  the  action  of  the  grand  jury;  all 
prisoners  awaiting  transference  to  the  State  prison,  after  sen- 
tence by  the  courts;  and  all  prisoners  serving  time  under 
sentence  in  the  county  jail.  He  also  officiates  at  executions,  in 
States  where  capital  punishment  is  inflicted. 

It  is  the  duty  of  the  sheriff  to  serve  writs,  execute  warrants 
and  processes  directed  to  him  by  the  courts,  and  to  execute  the 
judgments  of  the  courts  for  debts.  He  advertises  and  sells 
real  estate  under  foreclosure,  by  order  of  the  courts  having 
chancery  jurisdiction.  Personal  property,  also,  is  sold  by  him 
under  judgment  or  chattel  mortgage.  He  draws  petit  and 
grand  juries.  He  is  assisted  in  the  discharge  of  his  duties  by 
deputies. 

Grand  Jury. — In  nearly  all  States,  the  grand  jury  consists 
of  not  more  than  twenty-three  nor  less  than  twelve  true  men 
drawn  from  different  portions  of  the  county.  Its  duty  is  to 
inquire  into  crimes,  breaches  of  the  peace,  and  public  nui- 
sances; and,  where  there  is  reasonable  ground  to  believe  the 
parties  charged  with  such  crimes  or  misdemeanors  to  be  guilty, 
to  find  a  "true  bill,"  or  indictment.  A  majority  of  the  grand 
jury  is  sufficient  for  the  finding  of  an  indictment.  No  witnesses 
for  the  accused  are  heard  before  the  grand  jury  (formerly 
called  the  grand  inquest),  and  an  indictment  means  only  that 
there  is  prima  facie  evidence  of  the  guilt  of  the  accused.  When 
the  inquiry  is  started  by  the  grand  jury  itself,  and  not  at  the 
instance  of  the  public  prosecutor,  their  finding  is  called  a  pre- 


34  CIVIL  GOVERNMENT. 

sentment,  not  an  indictment;  and  when  the  grand  jury  is  called 
to  consider  a  particular  case  only,  the  finding  is  termed  an 
inquisition.  It  is  customary  to  draw  grand  jurors  from  among 
the  most  prominent  and  intelligent  men  in  the  county. 

Petit  Jury. — Petit,  or  trial  juries  are  composed  of  twelve 
men  of  the  vicinage,  who  possess  certain  qualifications  specified 
by  statute.  They  decide  both  civil  and  criminal  cases.  The 
laws  of  all  States  require  that  in  criminal  cases  all  of  the  jury 
must  agree  upon  the  same  verdict.  In  most  States,  the  verdict 
in  civil  cases  also  must  be  unanimous;  although  in  a  few,  civil 
cases  may  be  decided  by  a  greater  or  a  less  majority.  In  the 
event  of  a  disagreement  of  the  jury,  in  States  requiring  a 
unanimous  verdict,  a  new  trial  must  be  had.  Jurors  may, 
before  the  trial,  be  challenged  by  either  party;  either  peremp- 
torily (a  limited  number  of  such  challenges  being  allowed), 
or  for  cause,  to  the  favor,  etc.  If  an  accused  person  is  once 
acquitted  by  a  petit  jury,  he  cannot  be  again  prosecuted  for  the 
same  cause,  no  matter  what  new  evidence  of  his  guilt  may  be 
discovered.  The  jury  system  is  one  of  the  strongest  safe- 
guards of  our  liberties. 

Prosecutor  of  the  Pleas. — In  each  county  there  is  an  officer 
of  the  executive  department  of  government,  called,  in  different 
States,  District-attorney,  State's-attorney,  Commonwealth's- 
attorney.  Prosecutor  of  the  Pleas,  and  the  like,  whose  duty  it  is 
to  represent  the  State  in  investigating  crimes  and  in  prose- 
cuting persons  charged  with  their  commission.  He  must  in- 
quire into  charges  of  crime,  assist  the  grand  jury  in  their 
investigations,  draw  bills  of  indictment  in  legal  form,  take 
the  first  steps  in  the  trial  of  the  accused  before  a  court,  and  con- 
duct the  trial  to  its  close.  The  office  is  one  of  great  power 
and  responsibility.     In  some  States,  the  prosecuting  attorney, 


THE  COUNTY.  35 

who  is  himself  either  elected  by  the  people  or  is  appointed 
by  the  governor,  may  appoint  one  or  more  deputies  to  assist 
him  in  the  performance  of  his  duty. 

Coroner. — This  is  one  of  the  most  ancient  and,  under  some 
circumstances,  one  of  the  most  important  officers  of  our  polity. 
In  each  county,  in  most  States,  there  are  one  or  more  coroners, 
usually  elected  at  the  same  time  as  the  sheriff,  and  for  the  same 
term  of  office.  In  many  States  a  coroner  cannot  succeed  him- 
self in  office.  The  principal  duty  of  the  coroner  is  the  investi- 
gation of  sudden,  unnatural,  and  violent  deaths.  If  he  is  not 
satisfied  that  a  death  was  natural,  he  may  hold  an  inquest,  with 
the  assistance  of  a  jury,  who  must  render  a  verdict  of  their 
findings  as  to  the  cause  and  instrumentality  of  the  death.  The 
coroner  may  cause  the  arrest  of  persons  charged  with  murder 
by  the  coroner's  jury.  In  the  case  of  a  vacancy  in  the  office 
of  sheriff,  the  senior  coroner  usually  performs  the  duties  of 
that  office  until  a  sheriff  is  appointed  by  the  governor.  In 
cases  where  goods  are  to  be  replevied  from  the  sheriff,  this 
can  only  be  done  by  the  coroner.  A  coroner  may  appoint 
deputies  with  limited  powers. 

County  Clerk. — The  office  of  county  clerk  is  usually  elective. 
He  may  be,  ex  officio,  clerk  of  the  circuit  court,  the  court  of 
common  pleas,  the  court  of  quarter  sessions,  the  court  of  oyer 
and  terminer,  and  other  county  courts,  designated  by  different 
names  in  different  States.  He  usually  keeps  the  minutes  of 
the  courts.  He  records  all  deeds  transferring  real  estate  and 
all  mortgages,  in  books  kept  for  those  purposes.  In  some 
States,  these  last  duties  are  performed  by  the  clerks  of  the 
towns,  and  in  some,  by  the  county  recorder  or  county  register. 
The  county  clerk  records  and  files  chattel  mortgages,  building 
contracts,  leases,  etc.,  so  that  public  notice  may  be  given  to 


36  CIVIL  GOVERNMENT. 

persons  Interested;  he  also  keeps  a  record  of  unpaid  taxes, 
which  are  a  lien  on  the  property  against  which  they  are  as- 
sessed. These  duties,  also,  are,  in  some  States,  discharged  by 
town  clerks,  and  in  others,  divided  between  the  county  register 
and  county  recorder.  In  some  States,  the  county  clerk  issues 
marriage  licenses;  in  some,  articles  of  incorporation  are  re- 
corded in  his  office  before  being  filed  with  the  Secretary  of 
State.  He  must,  also,  perform  such  other  duties,  in  relation 
to  elections,  etc.,  as  may  be  required  by  law.  In  some  States 
he  is  paid  by  salary ;  in  others,  by  fees. 

County  Collector. — The  county  collector  is  the  collector  and 
custodian  of  all  public  monies,  and  of  all  monies  raised  within 
the  county  by  State  tax.  All  monies  appropriated  by  the 
State  for  the  benefit  of  the  county  pass  through  his  hands. 
All  moneys  raised  by  tax  for  county  expenses  and  for  public 
utilities,  such  as  county  roads,  bridges,  buildings,  and  the 
like,  are  paid  to  him  by  the  collectors  of  the  several  townships 
and  municipalities ;  and  are  by  him  paid  out  as  ordered  by  law 
or  by  the  authority  of  the  county  commissioners,  board  of 
supervisors,  or  chosen  freeholders,  as  the  case  may  be.  In 
some  cases  the  office  is  elective,  in  others,  appointive.  Com- 
pensation may  be  by  salary  or  by  fees. 

County  Treasurer. — In  some  States  there  is  a  county  treas- 
urer who  performs  some  of  the  duties  above  described  as  ap- 
pertaining to  the  county  collector,  together  with  others 
prescribed  by  law. 

County  Auditor. — In  States  where  there  is  a  county  auditor, 
it  is  his  duty  to  audit  all  bills  for  payment  by  the  collector  or 
treasurer;  i.  e.,  to  see  that  they  are  just  and  correct,  and  to 
certify  to  this  effect.  He  also  signs,  jointly  with  the  collector 
or  treasurer,  all  checks  for  the  payment  of  county  bills. 


THE  COUNTY.  37 

County  Superintendent  of  Schools — In  States  providing 
for  this  officer,  he  has  general  supervision  over  the  schools  of 
the  county.  He  apportions  the  school  monies  to  the  various 
districts ;  advises  the  boards  of  education  in  matters  pertaining 
to  the  erection  of  school  buildings  and  as  to  the  manner  in 
which  the  schools  should  be  conducted;  advises  with  and  in- 
structs teachers  and  principals  in  matters  pertaining  to  their 
duties  and  to  the  welfare  of  the  schools;  decides  some  classes 
of  disputes,  subject  to  review  by  the  State  Superintendent; 
conducts  examinations  of  teachers  and  issues  licenses  to  teach; 
and  sees  to  the  enforcement  of  the  School  Laws  and  the  regula- 
tions of  the  State  Board  of  Education.  The  office  is  one  of 
great  importance  and  responsibility.  It  is  usually  appointive, 
the  compensation  being  by  salary. 

County  Surveyor,  Engineer,  Road  Inspector. — There  has 
been,  in  recent  years,  a  growing  tendency  for  counties  to  as- 
sume charge  of  public  highways,  bridges,  etc.,  formerly  main- 
tained by  the  respective  townships.  In  many  States,  this  has 
led  to  the  creation  of  the  above,  or  similar  officers,  whose 
general  functions  are,  respectively :  the  surveying  of  lands 
and  roads;  the  building  and  maintenance  of  roads  and 
bridges;  and  the  inspection  and  up-keep  of  the  highways. 

Board  of  Tax  Equalization. — County  and  State  boards  for 
the  equalization  of  assessments  and  the  uniform  collection  of 
taxes  are  now  becoming  quite  general  in  States  where,  hereto- 
fore, these  matters  were  left  in  the  hands  of  local  officials. 

Other  Officers  of  the  County  may  be,  superintendent  of  the 
poor,  health  officer,  and  the  like. 


CHAPTER  VII. 

MUNICIPALITIES. 

Municipalities,  by  which  is  meant  incorporated  villages, 
boroughs,  cities,  and  the  like,  are  formed  when,  through  con- 
gestion of  population  or  other  cause,  the  township  and  county 
form  of  government  no  longer  adequately  serves  to  meet  purely 
local  needs.  Whether  or  not,  such  a  community  shall  adopt 
the  form  of  a  municipal  government  is  determined  by  the 
voters  residing  within  the  proposed  boundaries.  The  size,  the 
population,  and  the  degree  of  self-government  desired,  usually 
determine  whether  a  community  shall  incorporate  as  a  city, 
a  borough,  or  an  incorporated  village.  These  differ  chiefly 
in  size  and  in  the  scope  and  extent  of  their  corporate  control 
over  their  own  local  affairs. 

TOWN,  BOROUGH  AND  INCORPORATED  VILLAGE. 

A  town,  borough,  or  incorporated  village,  is  a  collective 
body  of  inhabitants,  residing  within  designated  boundaries, 
and  administering  their  own  local  government  under  a  char- 
ter obtained  in  accordance  with  the  law.  The  general  or 
special  act  of  the  legislature,  under  which  the  community 
incorporates,  is  usually  termed  the  charter.  This  charter 
limits  and  defines  the  boundaries  of  the  village,  borough,  or 
town;^  and  prescribes  the  manner  of  its  organization,  its 
powers  and   limitations,   and  the  method  of  its  government 

^  The  word  town,  as  here  used,  must  not  be  confounded  with  the  same  word, 
denoting  a  division  of  a  county  analogous  to  a  township. 


THE  MUNICIPALITY.  39 

through  a  President  and  Trustees,  Selectmen,  a  Commission, 
or  other  body,  elected  by  the  voters.  The  charter  also  pre- 
scribes the  powers  and  duties  of  these  functionaries.  The 
inhabitants  of  a  municipality  are  subject  to  the  general  laws 
of  the  State;  their  local  ordinances  and  by-laws  having  only 
local  application. 

TYPICAL  VILLAGE  OR  BOROUGH  ORGANIZATION. 

Mayor  or  president,  councilmen  or  trustees,  assessor,  col- 
lector, justice  of  the  peace  or  recorder,  clerk,  counsel,  borough 
engineer,  overseer  of  the  poor,  marshal,  poundkeeper,  over- 
seer of  the  highways,  etc.  The  duties  and  functions  of  these 
officers  are,  in  general,  the  same  as  those  of  officers  of  similar 
designation  in  townships  and  in  cities,  to  which  reference  may 
be  made. 

CITIES. 

A  city  is  an  incorporated  division  of  a  State,  and  may  be 
comprised  within  a  portion  of  one  county  or  may  extend  over 
several,  as  does  the  city  of  New  York.  Like  the  less  important 
municipalities,  cities  are  incorporated  under  general  or  special 
act  of  the  legislature,  and  derive  their  powers  from  this  act, 
which  is  usually  called  the  charter  of  the  city,  and  may,  in 
some  respects,  be  likened  to  the  State  constitution  or  to  the 
Constitution  of  the  United  States.  Cities  are,  ordinarily, 
greater  in  extent  and  in  population  and  are  more  largely  self- 
governing  than  are  towns  and  villages. 

The  charter,  which  is  (in  most  States)  granted  by  the  legis- 
lature, and  which  may,  at  any  time,  be  amended  by  that  body, 
gives  to  the  city  a  legal  name;  defines  its  boundaries;  and  con- 
stitutes  it  a  corporate  political  entity.      By  the  charter,  the 


40  CIVIL  GOVERNMENT. 

powers  and  privileges  of  the  city  are  set  forth ;  its  officers 
named,  and  their  duties  and  the  manner  of  their  election  or 
appointment  prescribed ;  and  authority  to  govern  itself  within 
the  specified  limits,  granted.  Like  other  political  divisions,  a 
city  has  a  measure  of  legislative,  judicial,  and  executive  power. 
Its  administration  is  usually  placed  in  the  hands  of  a  mayor 
and  one  or  more  legislative  boards,  called,  in  different  States, 
aldermen,  councilmen,  supervisors,  etc.  A  few  cities,  as  Gal- 
veston, are  governed  by  Commission. 

A  city  is  usually  divided  into  wards  or  districts,  for  con- 
venience in  the  apportionment  and  election  of  representatives 
in  its  legislative  body ;  the  location  of  schools ;  and  the  election 
of  members  of  the  board  of  education. 

In  subordination  to  the  three  great  departments  (legis- 
lative, judicial,  and  executive),  a  city  has,  in  most  cases,  a 
number  of  administrative  departments,  through  which  greater 
economy  and  efficiency  is  secured :  the  fire  department,  police 
department,  health  department,  department  of  finance,  depart- 
ment of  public  works,  and  the  department  of  charities  and  cor- 
rections (the  functions  of  all  of  which  are  sufficiently  indicated 
by  their  names)  are  the  most  important.  In  recent  years  there 
has  been  a  growing  tendency  toward  the  municipal  ownership 
of  public  utilities;  and,  where  this  has  been  effected,  the  de- 
partment of  street  cars,  water  works,  public  lighting,  etc.,  are 
of  corresponding  importance. 

The  department  of  finance  is,  in  the  larger  cities,  one  of  very 
great  importance.  It  collects  taxes  and  assessments ;  pays  sal- 
aries and  expenses;  and,  where  authorized,  issues  bonds  and 
borrows  money  to  pay  for  public  improvements.  The  greater 
extent  of  public  service  furnished  the  inhabitants  of  cities,  and 
the  maintenance  of  fire,  water,  and  other  departments,  involves 


THE  MUNICIPALITY.  41 

far  greater  expense  and,  consequently,  heavier  taxation  than 
is  the  case  in  the  smaller  and  less  complex  towns  and  villages. 

As  in  all  forms  of  free  government,  the  votes  of  the  duly 
qualified  electors  of  the  city  are  the  foundation  of  legislative, 
judicial,  and  executive  representation.  The  qualifications, 
rights,  and  duties  of  the  citizens  of  a  city  are  the  same  in  kind 
as  are  those  of  the  citizens  of  a  township  or  of  a  county,  except 
that  a  specified  period  of  residence  in  a  ward  or  district  may  be 
added  to  the  other  requirements  for  the  privilege  of  suffrage. 

Legislative  Department. — The  legislative  power  of  a  city  is 
vested,  sometimes  in  two  bodies,  which  may  be  called  common 
council  and  board  of  aldermen,  or  by  other  names;  and  some- 
times in  a  single  body,  which  may  be  called  by  either  of  the 
above  names  or  may  be  known  as  the  board  of  supervisors,  or 
other  title. 

Executive  Department. — The  mayor  of  a  city  is  at  the  head 
of  the  executive  department  of  that  city.  His  powers  and 
functions  vary  widely  in  different  States  and  in  cities  of  dif- 
ferent classes  in  the  same  State.  In  the  main,  his  powers  and 
responsibilities  are  somewhat  analogous  to  those  of  the  gov- 
ernor of  a  State,  though  in  a  lesser  sphere.  He  represents  the 
city  at  public  functions;  is  charged  with  the  conservation  of 
the  peace  and  order  of  the  city;  and  has  powers  of  appoint- 
ment, more  or  less  large.  He  also  has  the  power  to  veto 
ordinances  passed  by  the  common  council  or  board  of  alder- 
men. But  such  ordinances  may  be  passed  over  his  veto  by  a 
two-thirds  vote.  He  is  assisted  in  the  administration  of  the 
city  government  by  various  subordinate  officials;  as,  city  so- 
licitor, city  clerk,  and  the  like,  whose  general  functions  are 
largely  similar  to  those  of  officers  bearing  somewhat  similar 
titles,  in  counties,  towns,  and  villages. 

Judicial  Department. — The  larger  judicial  powers  of  a  city 


42  CIVIL  GOVERNMENT. 

are  usually  vested  in  the  courts  of  the  county  or  counties  in 
which  the  city  is  located.  In  addition  to  these,  there  are  vari- 
ous courts  for  the  trial  of  small  causes  and  of  misdemeanors ; 
as,  police  court,  children's  court,  recorder's  court,  alderman's 
court,  justice's  court,  and  the  like,  which  have  different  names 
and  somewhat  different  powers  in  different  States. 


CHAPTER   VIII. 

THE  STATE. 

A  State  is  one  of  the  several  commonwealths  which  compose 
the  Nation.  It  is  a  community  of  free  citizens,  living  within 
fixed  boundaries,  over  all  of  whom  it  exercises  supreme  author- 
ity, except  as  to  such  portion  of  its  sovereign  powers  as  were 
granted  or  transferred  to  the  general  government  by  the  adop- 
tion of  the  United  States  Constitution  and  its  Amendments. 
By  the  several  States,  the  powers  of  the  United  States  are 
granted;  from  the  individual  States,  counties,  townships,  and 
other  civil  divisions  derive  their  functions. 

The  thirteen  original  States  were  formed  from  the  provinces 
and  colonies  which,  prior  to  the  Revolution,  were  under  the 
dominion  of  the  British  crown.  By  the  Declaration  of  In- 
dependence, these  declared  themselves  to  be  "free  and  inde- 
pendent States";  and,  by  the  treaty  of  1783,  they  were  ac- 
knowledged by  Great  Britain  to  be  free  in  fact,  as,  before,  they 
had  been  in  right. 

New  States  can  only  be  admitted  into  the  Federal  union  by 
special  act  of  congress,  upon  memorial  from  organized  Terri- 
tories having  the  population  required  by  law.  Congress  then 
passes  what  is  called  an  "enabling  act,"  which  authorizes  the 
formation  of  a  State  government  and  the  adoption  of  a  State 
constitution.  When  these  conditions  have  been  complied  with, 
the  new  State  is,  by  another  act  of  congress,  or  by  a  proclama- 
tion of  the  President,  authorized  in  the  enabling  act,  admitted 
into  the  Union  "upon  an  equal  footing  with  the  original  States 
in  all  respects  whatever." 


44  CIVIL  GOVERNMENT. 

The  purpose  of  retaining  the  separate  identity  of  the  origi- 
nal States  and  adding  new  ones  from  time  to  time  is,  the  better 
and  more  impartial  distribution  of  the  benefits  of  government 
to  many  different  communities,  varying  widely  in  climate,  pro- 
ductions, and  local  needs,  and  separated  by  many  degrees  of 
latitude  and  longitude.  In  many  respects  the  relation  of  the 
individual  States  to  the  general  government  may  be  likened 
to  that  of  the  county  to  the  State  and  of  the  township  to  the 
county. 

The  several  States  possess  all  governmental  powers  'not 
delegated  to  the  United  States  nor  prohibited  to  the  States' 
by  their  respective  constitutions  and  by  the  Constitution  of  the 
United  States.  The  powers  of  the  individual  States  are  very 
extensive,  and  include  absolute  control  over  the  citizen,  in  all 
the  affairs  of  life  in  which  he  comes  into  relations  with  his 
fellows,  wherein  the  Constitution  of  the  United  States  does 
not  conflict  nor  the  State  Constitution  come  into  opposition. 
All  of  those  laws  and  regulations  with  which  the  individual 
comes  into  contact  in  the  daily  walks  of  life  are  made  and  en- 
forced by  the  State,  either  directly,  or  else,  through  the  smaller 
political  divisions,  such  as  the  county,  etc.,  acting  under  its 
authority  and  by  its  direction.  By  the  authority  of  the  State, 
acting  through  its  accredited  agents,  laws  are  enforced;  courts 
of  justice  are  held;  taxes  are  collected;  citizens  are  protected 
in  their  liberties;  and  violators  of  the  rights  of  others  are  pun- 
ished. By  the  State,  too,  educational,  charitable,  penal,  and 
reformatory  institutions  are  established  and  supported. 

The  inhabitants  of  a  State  are  those  who  reside  within  its 
boundaries;  its  citizens  (in  a  narrower  sense)  are  those  who 
possess  the  right  of  franchise  or  those  who,  having  a  legal  set- 
tlement within  it,  are  entitled  to  the  benefit  of  the  charitable 
and  other  public  institutions  established  for  the  common  ad- 


THE  STATE.  45 

vantage.  In  most  State  constitutions  is  contained  a  formal 
"Bill  of  Rights,"  setting  forth  the  rights  of  the  citizen;  and 
where  this  portion  of  the  constitution  is  wanting,  the  same 
rights  are  implied.  Such  a  bill  of  rights  will  be  found  at 
length  in  Chapter  IX. 

General  Rights. 

1)  To  be  secure  in  life  and  limb. 

2)  To  be  free  from  annoyance  and  from  illegal  restraint. 

3)  To  acquire,  keep,  enjoy,  and  dispose  of  private  prop- 

erty. 

4)  To  provide  in  one's  own  way  for  himself  and  those 

dependent  upon  him. 

General  Duties. 

1 )  To  obey  the  law. 

2)  To  aid  in  insuring  justice. 

3)  To  respect  duly  constituted  authority. 

4)  To  love  one's  country. 

5)  To  labor  for  the  public  good. 

Note.  While  the  laws  protect  us  in  our  rights,  in  protect- 
ing the  rights  of  others,  they  control  us. 

Legal  Voters. — The  legal  voters,  or  electors,  of  a  State  are 
those  who,  possessing  the  other  qualifications  demanded  by 
law,  have  resided  within  the  State,  the  county,  and  the  town- 
ship or  voting  district,  for  the  time  made  necessary  by  statute 
to  entitle  them  to  vote ; —  usually,  a  year  in  the  State,  four  to 
six  months  in  the  county,  and  thirty  days  in  the  township  or 
voting  district.  In  some  States  women  have  the  privilege  of 
franchise,  more  or  less  modified.  In  some  States  foreigners 
are  permitted  to  vote,  if  they  have  resided  within  the  State 


46  CIVIL  GOVERNMENT. 

for  a  specified  time  after  having  declared  their  intention  to 
become  naturalized  citizens  of  the  United  States.  The  right 
to  vote  is  not  an  absolute  right  of  citizenship ;  but  is  a  privilege 
granted  by  the  legislature,  under  certain  conditions  and  upon 
the  possession  of  certain  qualifications. 

State  Militia. — The  militia  of  a  State  consists  (in  a  broad 
sense)  of  all  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five,  except  such  as  are  exempt  by  the  laws 
of  the  State  or  of  the  United  States.  The  organized  militia 
(which  is  commonly  spoken  of  as  "the  militia,"  or  the  "na- 
tional guard"),  is  usually  composed  of  enrolled  citizens  or- 
ganized into  brigades,  regiments,  companies,  etc.,  commanded 
by  generals,  colonels,  captains,  etc.,  on  a  plan  very  similar  to 
the  organization  of  the  United  States  army.  In  some  States, 
the  militia  is  practically  unorganized;  in  others,  as  in  New 
York,  it  is  very  highly  organized.  Nevada  has  no  organized 
militia.  In  some  States  there  is  a  branch  of  the  militia  known 
as  the  Naval  Reserve.  A  well-regulated  militia  is  considered 
"necessary  to  the  security  of  a  free  State." 

The  State  Constitution — A  constitution  may  be  defined  as 
a  system  of  fundamental  rules,  principles,  and  ordinances, 
erected  by  a  people  for  its  guidance  and  government  as  a  State 
or  Nation. 

The  authority  of  the  Constitution  of  the  United  States  is 
supreme  —  its  provisions  are  the  paramount  law  of  the  land. 
The  authority  of  a  State  constitution  is  supreme  within  the 
limits  of  that  State,  so  far  as  its  provisions  do  not  come  into 
conflict  with  those  of  the  Constitution  of  the  United  States. 
From  the  constitution,  the  legislative,  judicial,  and  executive 
departments  of  a  State  derive  their  authority,  power,  and  sanc- 
tion.    The  separate  and  independent  existence  of  these  three 


THE  STATE.  47 

departments  is  essential  to  the  continuance  of  any  represent- 
ative form  of  government. 

The  constitution  of  a  State  is  not  to  be  considered  as  con- 
ferring powers  of  government  upon  that  State,  but,  rather,  as 
restricting  the  unlimited  power  of  self-government  which  the 
State  would  have  except  for  the  regulation  of  the  constitution. 
The  Constitution  of  the  United  States,  on  the  contrary,  does 
confer  the  power  of  government;  it  embodies  the  surrender  of 
a  portion  of  the  governmental  powers  of  the  several  States  to 
the  general  government  of  the  United  States. 

A  constitution  is  usually  framed  by  a  constitutional  conven- 
tion composed  of  delegates  elected  directly  by  the  people,  who 
meet  at  some  designated  place  and  agree  upon  the  articles  of 
the  proposed  constitution.  These  articles  are  afterward  re- 
ferred to  the  people,  to  be  adopted  or  rejected  by  a  majority 
vote. 

The  purposes  of  a  constitution  are:  to  define  and  assert  the 
rights  of  the  people;  to  safeguard  and  conserve  their  inter- 
ests, and  those  of  the  State;  to  protect  their  liberties;  to  define 
and  limit  the  authority  of  the  different  departments  into  which 
the  government  is  organized  and  through  which  the  provisions 
of  the  constitution  are  carried  into  eifect;  and  to  provide  a 
method  of  changing  the  constitution  to  meet  new  conditions  or 
unforeseen  needs. 

The  constitutions  of  the  various  States  are  largely  modeled 
upon  the  Constitution  of  the  United  States,  with  whose  provi- 
sions they  are  prohibited  from  in  any  wise  conflicting.  The 
State  legislatures  cannot  legally  pass  laws  in  contravention  of 
the  State  constitution  or  of  the  Constitution  of  the  United 
States.  When,  through  error,  this  happens,  such  laws  are  set 
aside  and  pronounced  null  and  void,  by  the  courts  of  the  States 
or  of  the  United  States,  as  the  case  may  be. 


48  CIVIL  GOVERNMENT. 

The  constitutions  of  the  several  States,  which  are  much 
alike  in  their  construction  and  in  their  general  provisions, 
usually  contain:  (i)  A  preamble  stating  its  general  purposes; 
(2)  a  provision  for  the  three  departments  of  government  (leg- 
islative, judicial,  and  executive;  (3)  a  bill  of  rights;  and  (4) 
various  articles  relating  to  suffrage,  the  militia,  taxation,  and 
other  subjects  regarding  the  general  weal. 

The  constitutions  of  some  States  (especially  the  newer  ones) 
provide  for  the  initiative  and  the  referendum.  By  initiative  is 
meant  that  a  certain  percentage  of  the  voters  of  a  State 
(usually  5%)  may  petition  the  legislature  to  pass  the  proposed 
draught  of  a  law;  which  draught  must  be  submitted  to  the 
people,  who  determine,  by  vote,  whether  or  not  it  shall  be 
adopted.  By  the  referendum  is  meant  that  upon  the  petition 
of  a  certain  number  of  voters,  a  law  passed  by  the  legislature 
shall  be  submitted  to  the  people,  who  decide  by  ballot  whether 
or  not  it  shall  remain  a  law.  Such  provisions  have  a  tendency 
to  make  government  more  democratic. 

Sometimes,  under  their  general  powers  of  legislation,  legis- 
latures pass  laws  containing  a  provision  for  submission  to  the 
people  for  their  sanction,  before  going  into  effect.  This  also, 
is  called  a  referendum. 

TYPICAL   STATE   GOVERNMENT. 

Legislative  Department. — The  law-making,  or  legislative 
power  of  the  State  is  confided  to  the  legislature,  or  general  as- 
sembly, called  in  some  States  general  court.  This  body,  which 
is  organized  on  lines  very  similar  to  the  Congress  of  the  United 
States  is  composed  of  two  Houses:  the  Senate  (called  in  some 
States,  council)  and  the  House  of  Representatives  (called 
variously,  assembly,  house  of  delegates,  house  of  commons, 


THE  STATE.  49 

etc.).  The  general  assembly  has  power  to  make  any  law  it 
judges  best,  provided  such  law  does  not  conflict  with  the  con- 
stitution of  the  State  or  with  that  of  the  United  States.  By 
law,  in  this  connection,  is  meant  a  written  statute;  that  is,  a 
rule  of  action  prescribed  by  the  legislative  power,  and  recorded 
and  promulgated  in  writing. 

The  manner  in  which  laws  are  passed  is  fixed  by  the  several 
legislatures  themselves  (subject  to  constitutional  provisions) 
through  rules.  These  rules  may  be  departed  from  on  any 
given  occasion,  provided  a  quorum  be  present  and  a  certain 
fixed  proportion  of  them  vote  to  suspend  the  rules  on  such 
occasion.  Usually,  in  order  to  become  a  law,  a  bill  must 
(First)  be  passed  by  a  majority  vote  of  both  houses  of  the 
legislature,  and  (Second)  either  (1)  be  signed  by  the  gov- 
ernor, (2)  be  passed  over  his  veto  by  a  two-thirds  vote  (in 
some  States,  a  majority  of  all  members  elected)  of  both  houses, 
or,  (3)  become  a  law  with  tacit  approval  of  the  governor,  sig- 
nified by  his  failure  to  take  action  on  it  within  a  certain  num- 
ber of  week  days  (usually  ten)  after  its  passage  by  the  legis- 
lature. The  sessions  of  the  legislature,  like  those  of  the  courts, 
are  open  and  public.  A  daily  record  of  the  proceedings  of 
each  house  is  kept  in  a  register  called,  the  Journal.  In  some 
of  the  States,  the  legislature  meets  annually;  in  others,  bi- 
ennially. 

The  Senate. — This  body  is  usually  made  up  of  one  or  more 
Senators  from  each  county  (in  some  States,  senatorial  dis- 
trict), who  must  be  of  a  certain  age  (usually  25  to  35)  ;  must 
have  been  an  inhabitant  of  the  State  for  a  fixed  number  of 
years  (usually,  3  to  7)  and  have  lived  within  the  county  or 
district,  for  a  fixed  period  immediately  preceding  his  election. 

House  of  Representatives. — This  branch  of  the  State  legis- 
lature is  composed  of  members,  one  or  more  from  each  county 

6 


60  CIVIL  GOVERNMENT. 

or  town,  or  one  from  each  assembly  district  (which  districts 
are  set  off  according  to  population),  who  are  elected  annually 
by  the  legal  voters  of  such  counties  or  assembly  districts.  The 
necessary  qualifications  for  membership  in  the  assembly  are 
practically  the  same  as  in  the  senate,  except  that  the  candidate 
need  not  be  (in  most  States)  more  than  21  years  of  age,  nor 
is  he  required  to  have  been  a  resident  of  the  State  for  so  long  a 
period  as  is  a  senator.  The  number  of  the  members  of  the 
houses  of  assembly  of  the  different  States  varies  greatly  — 
from  21  in  Delaware  to  more  than  300  in  New  Hampshire. 
In  some  of  the  Western  States,  as  Colorado,  women  are  eligible 
to  election  to  both  houses  of  the  legislature.  All  revenue  or 
money  bills  must  originate  in  the  house  of  representatives. 

In  the  event  of  a  vacancy  in  either  branch  of  the  legislature 
(caused  by  death,  resignation,  or  otherwise),  a  writ  issues 
from  the  house  in  which  the  vacancy  has  occurred  ordering  a 
new  election  to  fill  the  vacancy;  but  should  such  vacancy  occur 
during  the  recess  of  the  legislature,  the  governor  calls  the 
election. 

In  case  of  doubt  as  to  the  eligibility  or  qualifications  of  a 
person  claiming  to  be  entitled  to  a  seat  in  either  house  of  the 
legislature,  the  question  is  decided  by  the  vote  of  that  house. 
Each  branch  of  the  legislature  is  the  judge  of  its  own  elections 
and  privileges, 

A  majority  (in  some  States,  2-3  or  3-5)  of  all  the  members 
of  each  house  constitutes  a  quorum  for  the  transaction  of  busi- 
ness by  that  house.  A  number  less  than  a  quorum  has  but  two 
powers:  they  may  adjourn  from  day  to  day;  and  they  may 
compel  the  attendance  of  absent  members,  by  such  means  and 
under  such  penalties  as  are  provided  by  the  respective  branches 
of  the  legislature. 

In  some  States,  members  of  the  legislature  are  paid  fixed  an- 


THE  STATE.  51 

nual  salaries;  in  others,  they  are  paid  a  fixed  sum  for  each 
day  of  actual  attendance.  The  laws  of  some  States  provide 
that  each  legislator  shall,  when  engaged  in  the  discharge  of  his 
duties,  be  provided  by  the  railroads  in  the  State,  with  a  free 
pass  over  their  lines. 

Each  house  elects  its  own  officers,  except  in  States  the  con- 
stitutions of  which  provide  for  a  lieutenant-governor  who  shall 
be  the  President  of  the  Senate;  and  each  house  makes  its  own 
rules. 

While  attending  the  session  of  legislature,  or  while  going 
thereto  or  returning  therefrom,  no  member  of  either  house  may 
be  arrested ;  except,  at  the  instance  of  that  house  to  compel  his 
attendance  or  by  the  regular  officers  of  the  law,  on  charge  of 
breach  of  the  peace,  felony,  or  treason. 

How  Laws  Are  Made. — When  a  member  of  either  house  is 
desirous  of  introducing  a  bill  for  the  purpose  of  having  it  made 
a  law,  he  first  asks  from  the  house  permission  for  its  intro- 
duction. This  request,  which  is  rarely  refused,  may  be  oral  or 
in  writing.  Sometimes  bills  are  introduced  by  petition.  A 
bill  is  a  form,  or  draft,  of  a  proposed  law.  To  be  effective, 
such  bills  must  consist  of  two  parts :  an  enacting  clause,  which 
usually  begins  "Be  it  enacted,"  and  prescribes  the  legal  duty 
of  those  to  whom  it  may  apply ;  and  a  penal  clause,  which 
states  the  punishment  for  its  infraction.  In  addition  to  these 
two  parts,  many  laws  have  a  preamble,  which  states  and  ex- 
plains the  reason  and  purpose  of  the  law.  Strictly  speaking, 
however,  this  preamble  is  not  a  portion  of  the  act  itself;  al- 
though it  may  aid  the  courts  in  the  interpretation  and  con- 
struction of  the  act. 

When  permission  has  been  obtained  for  the  introduction  of 
a  bill,  or  measure,  it  follows  a  course  prescribed  by  the  con- 
stitution of  the  State  and  the  rules  of  the  house.     Upon  in- 


52  CIVIL  GOVERNMENT. 

troduction,  a  bill  is  usually  referred  to  one  of  the  standing 
committees  of  the  house,  for  critical  examination  and  a  report 
upon  its  merits  and  advisability.  By  a  standing  committee  is 
meant  a  committee  which  continues  throughout  the  session  of 
the  house;  as  "state  affairs,"  "judiciary,"  "ways  and  means," 
etc.  A  measure  which  is  reported  upon  unfavorably  by  the 
committee  to  which  it  was  referred,  is  seldom  further  acted 
upon  by  the  house.  After  a  bill  has  been  reported  upon  favor- 
ably by  a  committee,  it  must  be  read  aloud  three  times  to  the 
house  before  it  can  be  voted  upon;  but  sometimes  the  first  two 
of  these  readings  are  purely  perfunctory,  and  take  place  be- 
fore the  bill  is  referred  to  the  committee.  It  is  usually  re- 
quired that  these  three  readings  be  on  three  different  days; 
but,  in  most  States,  this  rule  may  be  suspended  or  dispensed 
with,  by  a  two-thirds,  three-fourths,  or  unanimous  vote  of  the 
house.  Before  the  measure  is  finally  put  to  vote,  it  is  dis- 
cussed and  debated  by  those  members  of  the  house  who  desire 
to  be  heard  in  relation  to  it.  In  this  debate,  the  reasons  for 
and  against  its  passage  are  usually  brought  out.  Amendments 
to  a  bill  may  be  offered  at  any  time  before  the  third  reading. 
Sometimes,  when  it  is  desired  to  "kill"  a  measure,  an  amend- 
ment that  the  enacting  clause  be  stricken  out  is  offered.  This, 
of  course,  if  passed,  defeats  the  bill. 

When  a  measure  has  passed  one  branch  of  the  legislature, 
it  is  transmitted,  by  the  clerk  of  that  house,  to  the  other  house 
for  its  action.  The  house  to  which  it  is  thus  transmitted  may 
pass  it  as  received,  may  reject  it,  or  may  amend  it  and  return 
it  to  the  house  in  which  it  had  its  origin,  for  the  further  action 
of  that  house. 

After  a  bill  has  been  passed  by  both  houses,  it  is  engrossed, 
and  then  transmitted  to  the  governor  for  his  approval  or  dis- 
approval.     If  he  signs  it,  it  at  once  becomes  a  law.      In  some 


THE  STATE.  53 

States,  if  he  take  no  action  on  it  for  a  prescribed  number  of 
days  (usually  five  or  ten  week  days),  it  becomes  a  law.  But  if 
he  returns  it  with  his  veto,  or  disapproval,  and  his  objections  to 
it,  it  can  only  become  a  law  by  being  passed  over  his  veto  by  a 
two-thirds  vote  of  both  branches  of  the  legislature.  In  some 
States,  a  majority  of  all  the  members  elected  may  pass  a  bill 
over  the  veto  of  the  governor. 

A  law  goes  into  effect  as  soon  as  it  is  finally  signed,  or 
formally  passed,  unless  otherwise  provided  in  the  constitution 
of  the  State  or  in  the  law  itself.  Usually,  provision  is  made 
that  a  law  shall  not  go  into  effect  until  a  certain  number  of 
days  after  the  adjournment  of  the  legislature.  This  is  in 
order  that  the  people  may  have  an  opportunity  of  becoming 
familiar  with  its  provisions  before  becoming  subject  to  its 
penalties. 

Executive  Department. — At  the  head  of  the  executive  de- 
partment is  the  Governor.  He  is  elected  by  the  legal  voters 
of  the  State  for  a  term  of  years  prescribed  by  the  State  con- 
stitution. His  qualifications,  powers,  duties,  rights,  and  privi- 
leges, are  defined  in  the  constitution.  These  vary  more  or  less 
in  every  State.  In  addition  to  being  the  executive  head  of 
the  State,  the  governor  is  the  Commander  in  Chief  of  the  Na- 
tional Guard,  and  of  the  Naval  Reserve,  if  there  be  one.  He 
has  large  powers  of  appointment.  It  is  his  duty  to  oversee 
the  enforcement  of  the  laws  and  to  appoint  such  officers  for 
carrying  them  into  effect  as  may  be  prescribed  by  statute.  At 
the  request  of  the  sheriff  of  any  county,  showing  that  life  and 
property  are  in  danger  and  that  the  civil  officers  are  unable  to 
enforce  order  or  put  down  riot, —  it  is  his  duty  to  order  out  the 
militia  for  the  support  and  assistance  of  the  county  officers. 
He  may  veto  bills;  convene  the  legislature  in  extra  session  on 
extraordinary   occasions;    and   has   many    other   powers   and 


64  CIVIL  GOVERNMENT. 

duties.  Among  these  last,  is  the  power  to  grant  reprieves, 
commutations,  and  pardons ;  when  so  doing,  he  is  acting  in  a 
judicial  capacity.  In  some  States,  there  is  an  elective  council 
to  advise  the  governor. 

A  governor  may  be  impeached  for  corrupt  practices  in  office 
or  for  crimes  and  misdemeanors.  Judgment  in  such  case  ex- 
tends only  to  removal  from  office  and  to  disqualification  to 
hold  office  under  the  State.  But  an  officer  successfully  im- 
peached for  crime  or  misdemeanor  may  be  prosecuted  and 
punished  for  such  crimes,  in  the  State  courts,  in  addition  to 
being  removed  from  office. 

The  compensation  of  the  governor  is  by  salary  fixed  by  the 
legislature,  but  such  salary  may  be  neither  increased  nor  di- 
minished during  the  term  for  which  he  was  elected. 

Lieutenant-Governor. — In  States  providing  for  this  officer, 
he  presides  over  the  senate;  and  in  case  of  the  death,  resigna- 
tion, or  disability  of  the  governor,  he  assumes  the  duties  of  that 
office. 

Secretary  of  State. — In  some  States,  this  officer  is  elected 
by  the  people;  in  others,  appointed  by  the  governor.  In  his 
office,  all  laws  passed  by  the  legislature  are  filed ;  as,  also,  are : 
articles  of  incorporation  of  industrial  and  railroad  corpora- 
tions; original  wills,  after  being  recorded  in  the  surrogate's 
office;  and,  all  nominations  of  political  parties  and  returns  of 
elections.  He  also  certifies  all  laws,  as  to  correctness  in  sub- 
stance and  transcription. 

Attorney-General. — The  attorney-general  is  usually  elected 
by  the  people  or  appointed  by  the  governor  for  a  term  specified 
by  law.  He  is  the  legal  adviser  of  the  legislature,  and  of  the 
governor  and  other  State  officials.  In  all  suits  to  which  the 
State  is  a  party,  he  is  a  counsel  for  the  State. 

Comptroller. — The  comptroller  has  superintendence  over  the 


THE  STATE.  65 

assessment  and  collection  of  taxes;  the  auditing  of  accounts 
against  the  State ;  the  taxation  of  corporations ;  and  the  prose- 
cution of  delinquent  officers  of  the  revenue  of  the  State.  He 
is  also  the  custodian  of  the  rights,  interests,  and  property  of 
the  State.  This  office  is  sometimes  filled  by  election  and  some- 
times by  appointment. 

State  Treasurer. — The  state  treasurer  is  the  custodian  of 
all  State  monies,  which  he  pays  out  on  the  audit  of  the  comp- 
troller or  auditor,  or  as  directed  by  law.  In  some  States  he 
is  elected ;  in  others,  appointed. 

State  Auditor. — In  States  having  an  auditor,  it  is  his  duty 
to  examine  and  certify  to  the  books  of  the  different  depart- 
ments ;  to  pass  upon  the  bills  rendered  against  the  State ;  and  to 
prepare  statements  and  perform  other  duties  prescribed  by  law. 

Commissioner  of  Banking. — This  office  is  filled  by  appoint- 
ment. The  commissioner  of  banking  examines  the  condition 
of  State  banks  and  loan  associations  from  time  to  time  and  sees 
that  the  laws  relating  to  them  are  complied  with. 

Commissioner  of  Insurance. — This  officer  has  powers  and 
duties  in  relation  to  insurance  matters  similar  to  the  powers 
of  the  commissioner  of  banking  in  relation  to  banking  matters. 

In  many  States,  especially  the  larger  and  more  important, 
there  are  numerous  other  commissioners  and  officers :  as, 
boards  of  public  utilities,  railroad  commissioners,  riparian 
commissioners,  land  commissioners,  members  of  the  State 
board  of  education,  tax  commissioners,  the  State  superintend- 
ent of  public  instruction,  and  the  like,  whose  duties  sufficiently 
appear  from  their  designations. 

Judicial  Department. — The  courts  of  the  State  constitute 
the  judicial  department  of  the  State.  To  them  is  entrusted  the 
construction,  interpretation,  and  application  of  the  laws.  In 
the  different  States,  the  names  and  powers  of  the  different 


56  CIVIL  GOVERNMENT. 

courts  vary,  no  two  States  being  exactly  alike  in  this  respect 
Courts  are,  speaking  broadly,  of  two  kinds :  law  courts  and 
chancery,  or  equity,  courts.  In  some  States,  the  functions  of 
these  two  branches  of  jurisprudence  are  administered  in  the 
same  courts,  sitting  at  one  time  as  law  courts  and  at  another  as 
courts  of  chancery. 

Court  of  Impeachment — This  court  is  for  the  trial  of  im- 
peachments of  public  officers.  It  is  composed  of  all  the  sena- 
tors of  the  State,  sitting  as  a  court.  Impeachments  must 
originate  in  the  house  of  representatives  (usually  by  a  major- 
ity vote)  and  be  tried  by  the  senate.  A  two-thirds  vote  is  re- 
quired for  conviction.  Cases  of  impeachment  are  compara- 
tively rare.  By  impeachment  is  meant  the  formal  charge  of 
wrongdoing  on  which  an  officer  is  tried  by  the  senate;  it  is 
analogous  to  an  indictment  by  a  grand  jury.  Impeached  of- 
ficers are  sometimes  acquitted,  as  was  the  case  when  President 
Johnson  was  tried  before  the  United  States  Senate.  If  con- 
victed on  impeachment,  a  person  is  removed  from  his  office  and 
may  be  debarred  from  holding  any  office  of  honor,  trust,  or 
profit  under  the  State  or  the  United  States,  as  the  case  may  be. 

Court  of  Errors  and  Appeals. — This  is  the  court  of  last 
resort,  in  which  are  tried  cases  involving  points  of  law,  ap- 
pealed from  the  inferior  courts.  Its  decisions  are  final.  There 
is  no  appeal  from  or  beyond  it.  In  some  States  it  is  called 
the  Court  of  Appeals;  in  others,  there  is  no  Court  of  Errors 
and  Appeals,  the  Supreme  Court  discharging  its  functions  and 
being  the  court  of  final  resort. 

Court  of  Chancery. — In  several  of  the  States,  there  are 
courts  of  chancery,  while  in  the  other  States  the  functions  of 
this  court  are  discharged  by  the  law  courts,  acting  as  equity 
courts.  The  Court  of  Chancery  is  a  court  of  equity,  in  which 
are  tried  all  civil  cases  wherein  it  appears  that  an  adequate 


THE  STATE.  67 

remedy  for  an  injury  cannot  be  had  in  the  courts  of  law.  It 
often  fulfills  its  functions  by  decreeing  specific  performance 
of  contracts,  by  mandamus,  or  by  injunction.  The  Court  of 
Chancery  is  generally  composed  of  a  Chancellor  and  a  number 
of  Vice-Chancellors,  usually  appointed  by  the  governor  with 
the  advice  and  consent  of  the  senate.  The  Chancellor  is,  in 
some  States,  ex  officio,  Surrogate  General  and  Judge  of  the 
Prerogative  Court,  to  which  last,  all  appeals  from  the  decisions 
of  the  Orphans'  Court  are  taken. 

Supreme  Court. — Although  most  of  the  cases  heard  in  this 
court  are  on  appeal  from  the  decisions  of  the  circuit  and  county 
courts,  it  is  also,  often,  a  court  of  original  jurisdiction.  That 
is,  cases  may  be  commenced  in  the  Supreme  Court  without 
having  been  first  tried  in  some  inferior  court  and  then  ap- 
pealed on  some  point  of  la\^4.  When  the  Supreme  Court  de- 
cides favorably  on  an  appealed  case,  this  does  not  mean  that 
the  merits  of  the  case  are  decided ;  but  only  that  a  new  trial  in 
the  lower  court  is  granted  on  account  of  some  error  in  the  first 
trial.  Appeals  may  be  taken  from  the  decisions  of  the  Su- 
preme Court  to  the  Court  of  Errors  and  Appeals,  in  States 
having  such  a  court. 

Circuit  Courts. — A  circuit  court  (in  some  States  called 
district  court)  is  held  at  regular  and  stated  intervals  at  the 
county  court  house  of  each  county.  It  is  presided  over  by  one 
of  the  justices  of  the  supreme  court.  The  circuit  court  has 
common-law  jurisdiction,  in  those  States  where  the  common 
law  still  prevails,  in  all  cases  within  the  county,  except  crimi- 
nal cases.  Judgments  of  the  circuit  court  are  recorded  in  the 
offices  of  the  county  clerks  of  the  respective  counties,  and  may 
be  docketed  in  the  supreme  court.  In  some  States,  the  law 
provides  for  a  number  of  circuit  court  judges  who,  in  the  ab- 


58  CIVIL  GOVERNMENT. 

sence  of  the  justice  of  the  supreme  court,  are  empowered  to 
hold  the  circuit  courts  of  the  respective  counties. 

Court  of  Pardons. — The  court  of  pardons  usually  consists 
of  the  governor  of  the  State  and  a  number  of  the  judges  of  the 
other  courts.  The  functions  of  this  court  are  to  pardon,  re- 
lease, or  parole  prisoners  who  have  been  convicted  of  crime, 
when  sufficient  reasons  are  shown  why  such  mercy  should  be 
exercised.  In  the  last  case,  if  the  prisoner  violates  his  parole 
or  is  again  convicted  of  crime,  he  is  returned  to  prison  to  serve 
out  the  time  of  his  original  sentence.  Many  States  have  no 
court  of  pardons,  the  governor  himself  exercising  all  such 
powers. 

County  Courts. — In  each  county  there  is  held  a  county 
court.  In  some  States,  this  is  presided  over  by  a  judge  of  the 
common  pleas,  who  may  hold  four  kinds  of  court:  a  court  of 
quarter  sessions,  for  the  trial  of  petty  crimes;  a  court  of  oyer 
and  terminer,  for  the  trial  of  felonies  and  other  grave  crimes ; 
a  court  of  common  pleas,  for  civil  suits  involving  debt,  breach 
of  contract,  and  the  like;  and  an  orphans'  court,  for  the  ap- 
pointment of  guardians  and  administrators,  and  the  trial  of 
cases  involving  wills  and  the  estates  of  deceased  persons.  By 
whatever  names  it  may  be  called,  the  above  are,  substantially, 
the  functions  of  the  county  court. 

District  Courts. — Some  States  provide  for  the  establish- 
ment, in  the  larger  cities  of  courts  known  as  district  courts,  or 
by  other  names,  which  take  the  place  of  the  courts  of  the  jus- 
tices of  the  peace,  but  have  a  somewhat  larger  jurisdiction. 

Justices  Courts — These  have  been  described  in  a  previous 
chapter. 

In  many  States  the  functions  of  the  above  courts  are  some- 


THE  STATE.  69 

what  diflferently  distributed,  and  the  courts  themselves  are 
known  by  different  names:  as,  Superior  courts,  probate  courts, 
court  of  general  sessions,  court  of  special  sessions,  hustings 
court,  register's  court,  recorder's  court,  alderman's  court,  police 
court,  and  the  like. 


CHAPTER  IX. 

CITIZENSHIP. 

A  free  nation  is  composed  of  citizens;  other  nations  of  sub- 
jects. The  term  "citizen"  is  used  with  two  meanings  in  rela- 
tion to  those  living  in  this  country.  In  a  broad  sense,  as  de- 
fined by  the  Constitution  of  the  United  States,  "all  persons 
born  or  naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States  and  of 
the  State  wherein  they  reside."  In  a  narrower  sense,  only 
those  who  may  vote  and  hold  office  are  citizens. 

The  crowning  glory  of  a  republic  is  its  citizenship;  to  ele- 
vate and  protect  which,  such  governments  are  instituted  —  to 
be  in  their  turn  strengthened  and  elevated,  as  the  standard  of 
citizenship  is  raised.  The  government  of  a  nation  is  chiefly 
concerned  with  the  rights  and  duties  of  its  citizens;  the  citi- 
zens, with  their  duties  to  the  government  and  to  each  other. 

The  duties  and  obligations  of  citizenship  are  political,  social, 
industrial,  legal,  and  moral. 

Political  Duties. — In  his  political  relation  to  his  fellows 
and  to  the  government  under  which  he  lives,  it  is  the  duty 
of 'every  citizen  of  a  free  state :  to  take  an  active  and  intelligent 
part  in  the  political  privileges  and  responsibilities  which  are 
his ;  to  attend  primaries ;  to  vote  for  none  but  good  men  and 
good  principles;  and,  if  necessary  to  the  betterment  of  the 
community  at  large,  to  strive  himself  to  obtain  office. 

Social  Duties When  a  person  has  discharged  his  politi- 
cal duties,  he  has  fulfilled  but  a  small  fraction  of  his  obliga- 
tion as  a  member  of  society.     His  social  obligations  demand 


CITIZENSHIP.  61 

that  he  should  be  ever  active  in  charitable,  educational,  and 
social  movements. 

Industrial  Duties. — In  a  general  way,  a  person's  industrial 
duties  are  comprised  in  his  obligation  to  support  himself  and 
in  his  business  relations  with  his  fellows. 

Legal  Duties. — To  prevent  the  community  from  falling 
into  confusion  and  disorder,  and  to  regulate  the  rights  and 
duties  of  citizens  —  laws  are  made.  Obedience  to  the  law 
is  a  duty  imposed  upon  every  citizen.  By  law,  a  person  must 
so  use  his  own  rights  as  not  to  injure  the  rights  of  others;  and, 
he  must,  in  some  cases,  when  called  upon,  lend  active  assistance 
to  officers,  in  the  enforcement  of  the  law.  In  fulfilling  his  legal 
obligations,  a  person  is  protecting  himself  from  the  aggres- 
sions of  others,  as  well  as  refraining  from  himself  invading 
their  rights.  A  loyal  compliance  with  the  injunctions  of  the 
law  is,  then,  as  much  to  the  advantage  of  the  individual  citizen 
as  it  is  to  that  of  his  neighbors. 

Moral  Duties. — But  it  is  the  performance  of  duties  imposed 
only  by  moral  law  and  enforceable  only  by  conscience  and  by 
moral  sentiment,  that  best  serves  to  show  the  quality  of  citizen- 
ship and  to  bring  out  the  better  attributes  of  mankind.  Self- 
control  is  a  moral  duty;  so  also,  are  good  habits.  A  citizen 
owes  a  peculiar  duty  of  nurture,  education,  and  training  to  his 
children.  The  character  and  extent  of  this  nurture  and  edu- 
cation (which  are,  also,  legal  duties)  must  depend  largely 
upon  the  means  of  the  parent;  but  the  duty  of  the  best  moral 
training  is  the  same,  whether  the  parent  be  rich  or  poor.  A 
person  never  betters  others  individually  or  humanity  at  large, 
either  morally  or  materially,  without  at  the  same  time  better- 
ing himself.  His  moral  duty  to  others  is,  therefore,  equally 
his  duty  to  himself.  He  must  not  only  support  himself,  but 
he  must  support  those  who  are  dependent  upon  him;  he  must 


62  CIVIL  GOVERNMENT. 

not  only  elevate  himself,  but  he  must  assist  in  elevating  others ; 
he  must  not  only  obey  the  letter  of  the  law,  but  he  must  obey 
its  spirit.     The  best  guide  in  moral  duty  is,  the  Golden  Rule. 

The  civil  duties  and  civil  rights  of  any  individual,  aggre- 
gated, are  equal  to  his  entire  civil  powers. 

Man's  inborn,  or  natural,  rights  are  broadly  grouped  under 
his  right  to  life;  his  right  to  liberty;  and  his  right  to  the  pur- 
suit of  happiness.  But  this  assertion  gives  no  very  definite 
conception  as  to  just  what  are  his  various  rights  —  rights  of 
person  and  rights  of  private  property.  Because  of  this,  in 
many  of  the  State  constitutions  is  found  a  formal  Bill  of 
Rights,  which  schedules  the  principal  rights  to  which  citizens 
are  entitled  under  a  free  government.  Another  reason  for 
thus  setting  forth  those  rights  is,  that  they  had  so  often,  under 
one  pretext  or  another,  been  invaded  by  the  crown  of  Great 
Britain,  before  the  Revolution.  The  particulars  of  such  in- 
vasions will  be  found  detailed  in  the  Declaration  of  Inde- 
pendence, to  which  reference  should  be  here  had  for  the  pur- 
pose of  contrasting  those  wrongs  with  the  rights  which  are 
asserted  to  be  ours  in  the  following  typical : 

BILL  OF  RIGHTS. 

1.  All  men  are  born  equally  free  and  independent,  and  have  cer- 
tain natural,  inherent,  and  unalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  acquiring,  possessing, 
and  protecting  property,  and  of  pursuing  and  obtaining  safety  and 
happiness. 

2.  All  power  is  inherent  in  the  people;  all  free  governments  are 
founded  in  their  authority,  and  instituted  for  their  benefit:  they 
have,  therefore,  an  unalienable  and  indefeasible  right  to  institute 
government,  and  to  alter,  reform,  or  totally  change  the  same,  when 
their  safety  and  happiness  require  it. 

3.  All   men   have   a   natural   and   unalienable   right   to   worship 


CITIZENSHIP.  63 

Almighty  God  according  to  the  dictates  of  their  own  consciences, 
and  no  one  shall  be  hurt,  molested,  or  restrained,  in  his  person,  liber- 
ty, or  estate,  for  worshipping  God  in  the  manner  and  season  most 
agreeable  to  the  dictates  of  his  own  conscience,  nor  for  his  religious 
professions  or  sentiments,  provided  he  does  not  disturb  the  public 
peace,  nor  obstruct  others  in  their  religious  worship ;  —  and  all  per- 
sons demeaning  themselves  peaceably,  as  good  members  of  the  state, 
shall  be  equally  under  the  protection  of  the  laws,  and  no  subordina- 
tion nor  preference,  of  any  one  sect  or  denomination  to  another, 
shall  ever  be  established  by  law,  nor  shall  any  religious  test  be  re- 
quired as  a  qualification  for  any  office  or  trust  under  this  state ;  and 
all  religious  societies  in  this  state,  whether  incorporate,  or  unincor- 
porate,  shall  at  all  times  have  the  exclusive  right  of  electing  their 
public  teachers,  and  contracting  with  them  for  their  support  and 
maintenance. 

4.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  any  subject,  being  responsible  for  the  abuse  of  this  liberty. 
No  laws  shall  be  passed  regulating  or  restraining  the  freedom  of 
the  press ;  and,  in  prosecutions  for  any  publication  respecting  the 
official  conduct  of  men  in  public  capacity,  or  the  qualifications  of 
those  who  are  candidates  for  the  suffrages  of  the  people,  or  where 
the  matter  published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence ;  and  in  all  indictments  for  libels, 
the  jury,  after  having  received  the  direction  of  the  court,  shall  have 
a  right  to  determine,  at  their  discretion,  the  law  and  the  fact. 

5.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  searches  and  seizures;  and  no 
warrant  to  search  any  place,  or  seize  any  person  or  thing,  shall  issue 
without  a  special  designation  of  the  place  to  be  searched,  and  the 
person  or  thing  to  be  seized,  nor  without  probable  cause,  supported 
by  oath  or  affirmation. 

6.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to 
be  heard  by  himself  and  his  counsel,  or  either,  at  his  election:  to 
demand  the  nature  and  cause  of  the  accusation,  and  have  a  copy 
thereof : 

To  be  confronted  by  the  witnesses  against  him : 


64  CIVIL  GOVERNMENT. 

To  have  compulsory  process  for  obtaining  witnesses  in  his  favor: 
To  have  a  speedy,  public,  and  impartial  trial ;  and,  except  in  trials 
by  martial  law  or  impeachment,  by  a  jury  of  the  vicinity.  He  shall 
not  be  compelled  to  furnish  or  give  evidence  against  himself,  nor 
be  deprived  of  his  life,  liberty,  property,  or  privileges,  but  by  judg- 
ment of  his  peers,  or  the  law  of  the  land. 

7.  No  person  shall  be  held  to  answer  for  a  capital  or  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  of  impeachment,  or  in  such  cases  of  offences  as  are  usually 
cognizable  by  a  justice  of  the  peace,  or  in  cases  arising  in  the  army 
or  navy,  or  in  the  militia  when  in  actual  service,  in  time  of  war  or 
public  danger.  The  legislature  shall  provide  by  law  a  suitable  and 
impartial  mode  of  selecting  juries,  and  their  usual  number  and 
unanimity,  in  indictments  and  convictions,  shall  be  held  indispensible. 

8.  No  person,  for  the  same  offence,  shall  be  twice  put  in  jeopardy 
of  life  or  limb. 

9.  Sanguinary  laws  shall  not  be  passed :  all  penalties  and  punish- 
ments shall  be  proportioned  to  the  offence;  excessive  bail  shall  not 
be  required  nor  excessive  fines  imposed,  nor  cruel  nor  unusual  pun- 
ishments inflicted. 

10.  All  persons,  before  conviction,  shall  be  bailable  except  for 
capital  offences,  where  the  proof  is  evident,  or  the  presumption  great ; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

11.  The  legislature  shall  pass  no  bill  of  attainder,  ex  post  facto 
law,  nor  law  impairing  the  obligation  of  contracts,  and  no  attainder 
shall  work  corruption  of  blood  nor  forfeiture  of  estate. 

12.  Treason  against  this  state  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

13.  The  laws  shall  not  be  suspended,  but  by  the  legislature  or 
its  authority. 

14.  No  person  shall  be  subject  to  corporeal  punishment  under 
military  law,  except  such  as  are  employed  in  the  army  or  navy,  or  in 
the  militia  when  in  actual  service,  in  time  of  war,  or  public  danger. 


CITIZENSHIP.  65 

15.  The  people  have  a  right,  at  all  times,  in  an  orderly  and 
peaceable  manner,  to  assemble  and  consult  upon  the  common  good, 
to  give  instructions  to  their  representatives,  and  to  request  of  either 
department  of  the  government  by  petition  or  remonstrance,  redress 
of  their  wrongs  and  grievances. 

16.  Every  citizen  has  a  right  to  keep  and  bear  arms  for  the  com- 
mon defence;  and  this  right  shall  never  be  questioned. 

17.  No  standing  army  shall  be  kept  up  in  time  of  peace,  without 
the  consent  of  the  legislature;  and  the  military  shall,  in  all  cases, 
and  at  all  times,  be  in  strict  subordination  to  the  civil  power. 

18.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law, 

19.  Every  person  for  an  injury  done  him  in  his  person,  reputation, 
property,  or  immunities,  shall  have  remedy  by  due  course  of  law ;  and 
right  and  justice  shall  be  administered  freely  and  without  sale,  com- 
pletely and  without  denial,  promptly  and  without  delay. 

20.  In  all  civil  suits,  and  in  all  controversies  concerning  property, 
the  parties  shall  have  a  right  to  a  trial  by  jury,  except  in  cases  where 
it  has  heretofore  been  otherwise  practised :  the  party  claiming  the 
right  may  be  heard  by  himself  and  his  counsel,  or  either  at  his 
election. 

21.  Private  property  shall  not  be  taken  for  public  uses  without 
just  compensation;  nor  unless  the  public  exigencies  require  it. 

22.  No  tax  or  duty  shall  be  imposed  without  the  consent  of  the 
people  or  their  representatives  in  the  legislature, 

23.  No  title  of  nobility  or  hereditary  distinction,  privilege,  honor 
or  emolument,  shall  ever  be  granted  or  confirmed ;  nor  shall  any 
office  be  created,  the  appointment  to  which  shall  be  for  a  longer  time 
than  during  good  behavior. 

24.  The  enumeration  of  certain  rights  shall  not  impair  nor  deny 
others  retained  by  the  people. 

Although  there  is  no  formal  bill  of  rights  (such  as  the 
above)  contained  in  the  Constitution  of  the  United  States,  all 
the  provisions  of  that  instrument  are  framed  to  preserve  these 
and  the  other  rights  of  man.      If  our  government  has  pre- 


66  CIVIL  GOVERNMENT. 

served  and  handed  down  to  us  these  rights,  unimpaired,  that 
is  the  measure  of  its  and  our  success.  If,  on  the  contrary, 
these  rights  are  no  longer  ours,  or  are  ours  violated  and  de- 
flowered,—  that  must  be  the  measure  of  our  failure  and  of 
the  failure  of  this  form  of  government,  as  exemplified  in  our 
application  of  it. 


CHAPTER  X. 


GOVERNMENT. 


Government  may  be  understood  in  two  senses.  Sometimes 
the  word  is  applied  to  the  body  of  rules  and  laws  by  which  the 
will  of  the  sovereign  power  is  made  known ;  but  more  often,  it 
is  used  with  reference  to  the  body  of  public  officers  who  make, 
interpret,  and  execute  those  rules  and  laws.  All  powers  of 
government  are  distributed  into  three  co-ordinate  depart- 
ments; the  legislative,  judicial,  and  executive.  While  the 
functions  of  these  three  departments  are  not  always  kept  en- 
tirely distinct,  yet  all  have  but  one  common  aim  —  the  regula- 
tion of  the  individual  conduct,  through  laws.  In  this  aspect, 
the  laws  of  an  organized  society  may  be  considered  as  its  com- 
mon will,  or  common  conscience,  in  regard  to  the  conduct  of 
its  members,  both  among  themselves  and  as  to  strangers.  This 
common  will  is  expressed  through  the  legislative  department 
of  government.  The  proper  sphere  and  function  of  the  law 
is,  the  assertion  and  enforcement  of  rights,  duties,  and  powers. 
Civil  government  is,  "that  branch  of  political  science  which 
treats  of  the  political  rights  and  duties  of  the  citizen." 

The  purpose  of  government  is  —  the  protection  of  the  citi- 
zen from  injustice,  within  and  without  the  body  politic,  and 
his  advancement  in  moral  and  material  well-being.  The  citi- 
zen owes  to  the  government  support;  and  the  government  owes 
to  the  citizen  security  and  opportunity.  The  sum  of  all  the 
duties  owed  by  a  citizen  to  his  local,  State,  and  National  gov- 
ernments, is  the  total  amount  of  his  obligations  to  government. 
When  protection  and  opportunity  have  been  afforded  on  the 


68  CIVIL  GOVERNMENT. 

one  hand,  and  support  and  loyalty  given  on  the  other  —  the 
objects  for  which  government  is  instituted,  have  been  accom- 
plished and  its  legitimate  purposes  are  fulfilled. 

The  three  great  rights  of  a  citizen  are :  the  right  of  personal 
security ;  the  right  of  personal  liberty ;  and  the  right  of  private 
property.  Nearly  all  rights  may  be  reduced  under  one  of  these 
three  heads. 

By  personal  security  is  not  alone  meant  security  from  physi- 
cal attack.  This  would  be  a  very  low  conception  of  the  func- 
tions of  a  well-ordered  government.  Such  security  may  exist 
under  the  most  oppressive  restrictions  within  the  country  — 
restrictions  by  the  operations  of  unequal  laws,  the  creation  of 
privileged  classes,  and  the  failure  to  provide  proper  facilities 
for  individual  progress  and  general  education.  Personal 
security  includes  our  fundamental  right  to  enjoy  life,  body, 
health,  and  reputation;  and,  as  well,  our  right  of  self  defence. 

By  personal  liberty  is  meant  the  right  to  come  and  go  as 
one  pleases  and  the  right  to  pursue  happiness  in  any  way  that 
does  not  conflict  with  the  rights  of  others. 

And  by  the  right  of  private  property  is  meant  the  right  to 
possess,  enjoy,  and  dispose  of,  the  legitimate  fruits  of  our  own 
industry  and  enterprise. 

The  time  of  the  formation  of  the  first  government  is  lost 
beyond  recovery  —  in  those  ages  before  the  formation  of  the 
Egyptian  monarchy,  the  first  organized  government  known 
to  us.  At  the  earliest  period  recorded  by  history,  we  find  that 
nation  living  under  a  complex  and  highly  organized  govern- 
mental system ;  which  included,  king,  priests,  ministers,  nobles, 
warriors,  and  no  less  than  five  diff'erent  classes  (or  castes)  of 
the  lower  orders,  as  those  who  obtained  their  livelihood  by 
their  own  personal  exertions  were  then,  and  for  thousands  of 
years  afterward  —  until  the  rise  of  free  republics  —  known 


GOVERNMENT.  69 

and  considered.     Such  a  government  could  only  have  been  the 
product  of  many  centuries  of  growth  and  development. 

But  at  whatever  time  the  first  governments  arose  and  under 
whatever  circumstances  they  had  their  origin,  the  steps  by 
which  they  grew  are  clearly  and  easily  apprehended.  Father, 
patriarch,  chieftain,  king,  emperor  —  these  are  the  earliest 
rulers,  arising  in  (and  out  of)  the  order  named  :  Family,  tribe, 
congeries  of  tribes,  kingdom,  empire  —  these  are  the  earliest 
ruled,  following  and  growing  out  of  each  other  in  their  order. 
Early  in  the  history  of  the  human  race,  tendencies  toward 
three  forms  of  governments  developed  themselves  :  monarchies, 
aristocracies,  and  commonwealths.  For  each  of  these  forms 
certain  advantages  are  claimed :  for  the  monarchy,  strength ; 
for  the  aristocracy,  strength  combined  with  wisdom;  and  for 
the  commonwealth,  wisdom.  A  closer  examination  of  these 
forms  will,  however,  disclose  the  fact  that  they  are,  in  reality, 
but  two  tendencies;  toward  monarchy,  or  government  by  an 
individual;  and  toward  democracy,  or  government  by  the 
people.  The  third,  aristocracy,  being  an  attempt  to  com- 
promise between  two  conflicting  principles. 

Our  present  concern  is  with  the  democratic,  or  republican, 
form  of  government — "government  of  the  people,  by  the  peo- 
ple, and  for  the  people" —  especially  as  that  form  of  govern- 
ment is  exemplified  in  the  United  States,  an  aggregation  of 
smaller  commonwealths  forming  one  majestic  republic. 

When  history  dawns  upon  the  forefathers  of  our  race,  it 
finds  them  living  in  the  depths  of  the  German  forests,  under 
the  form  of  miniature  commonwealths  —  their  highest  officer 
in  time  of  peace,  a  civil  magistrate ;  in  time  of  war,  an  elective 
chief,  or  king,  who  lost  his  authority  with  the  passing  of  the 
emergency  which  gave  rise  to  his  selection.  In  their  progress 
westward  into  England,  our  progenitors  took  with  them  this 


70  CIVIL  GOVERNMENT. 

theory  of  government.  Modified  and,  at  times,  almost  over- 
come by  the  influence  and  tyranny  of  conquering  military  lords 
from  Gallic  Europe,  and  later  struggling  with  the  ambitions 
and  aspirations  of  kings  sprung  from  these  same  invaders  — 
this  spirit  of  democracy  has  yet  worked  steadily  forward 
toward  democratic  ideals  and  upward  toward  government 
solely  by  the  will  of  the  people :  until  today,  as  a  result  of  this 
spirit,  our  mother-country,  England,  is,  in  all  but  name  and 
hollow  form,  a  republic;  and  our  own  mighty  land  has  raised 
itself  to  the  highest  pinnacle  of  pure  republicanism. 

From  England,  early  in  the  17th  century,  came  numerous 
small  bands,  who,  settling  at  various  points  in  the  New  Eng- 
land, Middle,  and  Southern  States,  brought  with  them,  firm 
and  fixed,  the  principle  that  government  was  made  for  man, 
not  man  for  government.  Constantly  growing  and  expanding, 
this  sentiment  crystallized  itself  into  the  assertion  that  "all 
men  are  created  equal ;  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights;  that  among  these  are  life, 
liberty,  and  the  pursuit  of  happiness" ;  and  took  visible  form  in 
the  puissant  American  commonwealth  whose  polity,  having 
studied  the  institutions  of  one  of  its  constituent  States,  we  are 
about  to  examine. 

This  Nation,  self-engendered  amidst  storms  of  blood  and 
fire,  promises  to  its  citizens  the  undisturbed  enjoyment  of  cer- 
tain fundamental  rights,  not  the  smallest  of  which  may  be  cur- 
tailed or  abridged  without  their  own  consent,  as  expressed 
through  representatives  selected  by  themselves;  and  exacts 
from  them  certain  duties,  to  which  nothing  may  be  added, 
unless,  as  before,  with  their  own  consent.  These  duties  are, 
chiefly,  the  concern  of  the  citizen ;  while  his  rights  are  the 
charge  of  government. 

In  securing  these  rights  to  its  citizens,  the  Government  is 


GOVERNMENT.  71 

placed  under  very  heavy  expenses,  the  money  to  defray  which 
is  mostly  raised  by  taxation.  There  are  two  kinds  of  taxation ; 
direct  and  indirect. 

Direct  Taxes,  by  which  State,  county,  and  township  or 
municipal  governments  are  mainly  supported,  are  assessed  in 
proportion  to  the  value  of  property.  The  assessor  makes  a 
list  of  all  property  subject  to  taxation  and  of  all  taxable  in- 
habitants, with  the  estimated  value  of  such  property,  real  and 
personal;  and  on  this  assessment  the  taxes  are  computed.  If 
any  person  think  that  his  assessment  is  too  high,  he  may  appear 
before  the  commissioners  of  appeals,  the  board  of  assessors,  or 
other  similar  board,  and  ask  to  have  his  assessment  rectified. 
In  some  States,  persons  liable  to  taxation  are  required  to  fur- 
nish a  list  of  their  taxable  property.  Certain  kinds  of  property 
are  subject  to  exemption  from  taxation:  as,  public  property, 
church  property,  cemeteries,  the  property  of  literary  and 
charitable  institutions,  and  the  like. 

In  the  case  of  a  person  neglecting  or  refusing  to  pay  his 
taxes,  various  methods  are  provided  in  the  different  States 
for  the  collection  of  such  taxes ;  as,  the  sale  of  personal  prop- 
erty, the  sale  of  real  estate,  and,  the  imprisonment  of  the  tax 
debtor.  When  real  estate  is  sold  for  taxes,  such  sale  is  usually 
for  a  term  of  years ;  and  the  owner  has  the  right  to  redeem  his 
property  by  paying  the  taxes  and  other  charges  against  it,  and 
to  take  possession  again,  when  the  time  for  which  it  was  sold 
expires. 

Indirect  Taxes,  by  which  the  government  of  the  United 
States  is  chiefly  supported,  are :  duties  and  other  taxes,  laid 
on  the  importation  of  goods  from  abroad;  and  excise  duties, 
or  taxes,  laid  on  the  production  and  consumption  of  goods,  as 
the  revenue  taxes  on  tobacco,  liquor,  and  the  like. 

A  pure  democracy  is  one  in  which  all  citizens  take  a  direct 


72  CIVIL  GOVERNMENT. 

part  in  the  making  of  laws,  the  selection  of  officers,  and  the 
like. 

A  representative  democracy  is  one  in  which  such  functions, 
in  whole  or  in  part,  are  performed  by  representatives  chosen, 
or  elected,  by  the  people. 

All  of  our  forms  of  government,  from  the  township  to  the 
Nation,  are  representative  democracies,  and  were  made  pos- 
sible by  The  Declaration  of  Independence. 

THE  DECLARATION  OF  INDEPENDENCE. 
Adopted  by  Congress  July  4,  1776. 

A  Declaration  by  the  Representatives  of  the  United  States  of 
America,  in  Congress  Assembled. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected  them 
with  another,  and  to  assume  among  the  powers  of  the  earth  the  sep- 
arate and  equal  station  to  which  the  laws  of  nature  and  of  nature's 
God  entitle  them,  a  decent  respect  to  the  opinions  of  mankind  re- 
quires that  they  should  declare  the  causes  which  impel  them  to  the 
separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal;  that  they  are  endowed  by  their  Creator  with  certain  un- 
alienable rights;  that  among  these  are  life,  liberty,  and  the  pursuit 
of  happiness;  that,  to  secure  these  rights,  governments  are  insti- 
tuted among  men,  deriving  their  just  powers  from  the  consent  of  the 
governed;  that,  whenever  any  form  of  government  becomes  destruc- 
tive of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish 
it,  and  to  institute  a  new  government,  laying  its  foundations  on  such 
principles,  and  organizing  its  powers  in  such  form,  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  happiness.  Prudence, 
indeed,  will  dictate  that  governments  should  not  be  changed  for  light 
and  transient  causes;  and,  accordingly,  all  experience  hath  shown 
that  mankind  are  more  disposed  to  suffer,  while  evils  are  sufferable, 


GOVERNMENT.  73 

than  to  right  themselves  by  abolishing  the  forms  to  which  they  are 
accustomed.  But  when  a  long  train  of  abuses  and  usurpations,  pur- 
suing invariably  the  same  object,  evinces  a  design  to  reduce  them 
under  absolute  despotism,  it  is  their  right,  it  is  their  duty,  to  throw 
off  such  government,  and  to  provide  new  guards  for  their  future 
security.  Such  has  been  the  patient  sufferance  of  these  colonies,  and 
such  is  now  the  necessity  which  constrains  them  to  alter  their  former 
systems  of  government.  The  history  of  the  present  king  of  Great 
Britain  is  a  history  of  repeated  injuries  and  usurpations,  all  having 
in  direct  object  the  establishment  of  an  absolute  tyranny  over  these 
States.    To  prove  this,  let  facts  be  submitted  to  a  candid  world : — 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained;  and,  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right 
of  representation  in  the  Legislature ;  a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
comfortable, and  distant  from  the  depository  of  their  public  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise ; 
the  State  remaining,  in  the  mean  time,  exposed  to  all  the  danger  of 
invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States;  for 
that  purpose,  obstructing  the  laws  for  naturalization  of  foreigners; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of  lands. 


74  CIVIL  GOVERNMENT. 

He  has  obstructed  the  administration  of  justice  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without 
the  consent  of  our  Legislature. 

He  has  affected  to  render  the  military  independent  of,  and  superior 
to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  Constitution,  and  unacknowledged  by  our  laws ;  giving 
his  assent  to  their  acts  of  pretended  legislation, — 

For  quartering  large  bodies  of  armed  troops  among  us ; 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these 
States ; 

For  cutting  off  our  trade  with  all  parts  of  the  world ; 

For  imposing  taxes  on  us  without  our  consent ; 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury; 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  offenses ; 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
Province,  establishing  therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit 
instrument  for  introducing  the  same  absolute  rule  into  these  Colonies ; 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering  fundamentally  the  powers  of  our  governments ; 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever ; 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mercenaries 
to  complete  the  work  of  death,  desolation,  and  tyranny,  already 
begun  with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled 


GOVERNMENT.  75 

in  the  most  barbarous  ages,  and  totally  unworthy  the  head  of  a 
civilized  nation. 

He  has  constrained  our  fellow  citizens  taken  captive  on  the  high 
seas  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress 
in  the  most  humble  terms ;  our  repeated  petitions  have  been  answered 
only  by  repeated  injury.  A  prince  whose  character  is  thus  marked 
by  every  act  which  may  define  a  tyrant  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 

We  have  warned  them,  from  time  to  time,  of  attempts  made  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over  us. 
We  have  reminded  them  of  the  circumstances  of  our  emigration  and 
settlement  here.  We  have  appealed  to  their  native  justice  and  mag- 
nanimity; and  we  have  conjured  them,  by  the  ties  of  our  common 
kindred,  to  disavow  those  usurpations,  which  would  inevitably  inter- 
rupt our  connections  and  correspondence.  They,  too,  have  been  deaf 
to  the  voice  of  justice  and  consanguinity.  We  must,  therefore,  ac- 
quiesce in  the  necessity  which  denounces  our  separation,  and  hold 
them,  as  we  hold  the  rest  of  mankind,  enemies  in  war;  in  peace, 
friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America, 
in  General  Congress  assembled,  appealing  to  the  Supreme  Judge 
of  the  world  for  the  rectitude  of  our  intentions,  do  in  the 
name  and  by  the  authority  of  the  good  people  of  these  Colonies, 
solemnly  publish  and  declare,  that  these  United  Colonies  are,  and 
of  right  ought  to  be,  free  and  iniiependeyit  States ;  that  they 
are  absolved  from  all  allegiance  to  the  British  Crown,  and  that  all 
political  connection  between  them  and  the  state  of  Great  Britain  is, 
and  ought  to  be  totally  dissolved;   and  that,   as   Free  and   In- 


76  CIVIL  GOVERNMENT. 

DEPENDENT  STATES,  they  have  full  power  to  levy  war,  conclude 
peace,  contract  alliances,  establish  commerce,  and  do  all  other  acts 
and  things  which  Independent  States  may  of  right  do.  And 
for  the  support  of  this  declaration,  with  a  firm  reliance  on  the  pro- 
tection of  Divine  Providence,  we  mutually  pledge  to  each  other 
our  lives,  our  fortunes,  and  our  sacred  honor. 


PART  II. 

THE  FEDERAL  GOVERNMENT. 


CHAPTER   I. 

THE  ARTICLES  OF  CONFEDERATION. 

The  passage  of  the  Declaration  of  Independence,  July  4th, 
1776,  rendered  it  necessary  that  some  plan  of  union  between 
the  several  Colonies,  or  States,  be  adopted.  Accordingly,  a 
committee  appointed  for  this  purpose  reported  such  a  plan 
on  July  12th  following.  After  extended  debate,  discussion, 
and  amendment,  this  plan,  under  the  title,  "Articles  of  Con- 
federation and  Perpetual  Union  between  the  States",  was 
adopted  by  Congress,  Nov.  15th,  1777.  By  these  Articles, 
the  government  provided  for  in  them  was  not  to  go  into  ef- 
fect until  the  consent  of  all  the  States  should  first  be  obtained. 
Maryland  was  the  last  State  to  signify  her  consent.  May  1st, 
1781.  During  this  interval,  the  common  interests  and  com- 
mon dangers  of  the  States,  all  the  while  engaged  in  the  Revo- 
lutionary War,  served  to  bind  them  together  without  formal 
and  written  bonds  of  union. 

These  Articles,  which  it  is  unnecessary  to  give  at  length, 
being  framed  during  and  in  view  of  war  time,  were  ill- 
adapted  to  a  time  of  peace.  The  Government,  under  the 
Confederation,  was  simply  a  league  of  sovereign  States;  and 
had  no  central  authority  with  power  to  enforce  obedience  to 
its  mandates.  There  was,  it  is  true,  a  Congress,  consisting  of 
but  one  house;  but  as  this  body  had  no  power  to  punish  in- 
fractions of  any  laws  it  should  make,  these  had  no  more  bind- 
ing force  than  mere  recommendations.  Provision  was  made 
for  no  executive  officer  such  as  the  President;  nor  was  there 
any  national  judiciary.     The  Congress  had  no  power  to  lay 


80  CIVIL  GOVERNMENT. 

taxes,  raise  troops,  regulate  commerce,  or  enforce  penalties 
to  compel  obedience  to  its  laws.  "They  could  declare  any- 
thing, but  do  nothing."  A  few  years  of  peace  amid  the  con- 
flicting interests  of  the  various  States  demonstrated  that  the 
Articles  of  Confederation  and  the  Government  formed  under 
them,  were  entirely  inadequate  for  their  purposes. 

So  evident  and  so  dangerous  did  these  defects  appear  and 
so  necessary  was  it  that  they  be  remedied,  that  a  movement  set 
on  foot  by  Virginia  resulted,  after  great  bitterness  and  many 
disturbances,  in  the  adoption  of  the  present  Constitution  of  the 
United  States,  by  a  Constitutional  Convention  held  in  Phila- 
delphia, on  Sept.  17th,  1787.  This  Constitution,  by  its  terms, 
was  not  to  become  effective  until  it  had  been  ratified  by  at 
least  nine  States;  and  then,  only  as  to  the  States  so  ratifying 
it.  It  did  not,  in  fact,  become  fully  effective  as  to  all  the 
States  until  the  ratification  of  Rhode  Island,  the  last  State  to 
concur,  on  May  29th,  1790. 

Under  the  Constitution,  the  National  Government  has,  in 
its  sphere,  paramount  authority  over  all  State  laws  and  State 
governments. 

Between  the  time  of  the  adoption  of  the  Constitution  by  the 
Convention  and  its  ratification  by  the  several  States,  there 
was  much  heated  discussion  and  many  bitter  debates.  Al- 
most any  collection  of  specimens  of  American  Eloquence  will 
give  some  or  all  of  the  speeches  of  Patrick  Henry,  Luther 
Martin,  and  others,  against  the  ratification  of  the  Constitu- 
tion; and  those  of  James  Wilson,  James  Madison,  Edmund 
Randolph,  Alexander  Hamilton,  John  Marshall,  and  others, 
in  its  favor. 

The  Constitution  and  our  system  of  Federal  Government, 
as  it  now  exists,  are  the  results  of  a  series  of  progressive  steps, 


ARTICLES  OF  CONFEDERATION.  81 

commencing  shortly  after  the  first  settlement  of  our  coasts. 
These  were: 

The  New  England  Confederacy   (1643); 

The  Albany  Plan  (1754); 

The  Stamp  Act  Congress  (1765); 

The  Committees  of  Correspondence   (1773); 

The  First  Continental  Congress    (1774); 

The  Declaration  of  Independence    (1776); 

The  Articles  of  Confederation    (1781); 

The  Convention  at  Annapolis  (1786)  ; 

The  Constitutional  Convention  (1787). 


CHAPTER  II. 

Text  of  the 

CONSTITUTION   OF   THE   UNITED   STATES   OF   AMERICA. 

We,  the  People  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquility,  provide 
for  the  common  defence,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of  America. 

ARTICLE   I. 

Section  1. 

1.  All  legislative  powers  herein  granted  shall  be  vested  in  a 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2. 

1.  The  House  of  Representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  States,  and  the 
electors  in  each  State  shall  have  the  qualiiications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  at- 
tained to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen 
of  the  United  States,  and  who  shall  not,  when  elected,  be  an  inhab- 
itant of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to  ser- 
vice for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 


TEXT  OF  CONSTITUTION.  83 

United  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  Represen- 
tatives shall  not  exceed  one  for  every  thirty  thousand,  but  each  State 
shall  have  at  least  one  Representative ;  and,  until  such  enumeration 
shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and  Providence 
Plantations  one,  Connecticut  five.  New  York  six.  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten, 
North  Carolina  five,  South  Carolina  five,  and  Georgia  three.^ 

4.  When  vacancies  happen  in  the  representation  from  any  State, 
the  executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 

Section  3. 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  legislature  thereof  for  six 
years ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided,  as  equally  as  may  be,  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year;  of  the  second  class, 
at  the  expiration  of  the  fourth  year;  and  of  the  third  class,  at  the 
expiration  of  the  sixth  year ;  so  that  one-third  may  be  chosen  every 
second  year :  and  if  vacancies  happen,  by  resignation  or  otherwise, 
during  the  recess  of  the  Legislature  of  any  State,  the  executive  there- 
of may  make  temporary  appointments  until  the  next  meeting  of  the 
Legislature,  which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the   United   States  shall   be   President 

^  Modified  by  the  14th  Amendment,  in  relation  to  representation. 


84  CIVIL  GOVERNMENT. 

of  the  Senate,  but  shall  have  no  vote  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  Presi- 
dent pro  tempore  in  the  absence  of  the  Vice-President,  or  when  he 
shall  exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  whole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside ;  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit,  under  the  United  States;  but 
the  party  convicted  shall  nevertheless  be  liable  and  subject  to  indict- 
ment, trial,  judgment,  and  punishment,  according  to  law. 

Section  4. 

1.  The  times,  places,  and  manner  of  holding  elections  for  Sen- 
ators and  Representatives  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof ;  but  the  Congress  may  at  any  time,  by  law,  make 
or  alter  such  regulations,  except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year;  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  different  day. 

Section  5. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members ;  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  penalties  as  each 
House  may  provide.  , 

2.  Each  House  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two-thirds,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from 


TEXT  OF  CONSTITUTION.  86 

time  to  time  publish  the  same,  excepting  such  parts  as  may,  in  their 
judgment,  require  secrecy;  and  the  yeas  and  nays  of  the  members 
of  either  House  on  any  question  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  6. 

1.  The  Senators  and  Representatives  shall  receive  a  compensa- 
tion for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  United  States.  They  shall,  in  all  cases  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  Houses, 
and  in  going  to  and  returning  from  the  same;  and  for  any  speech 
or  debate  in  either  House,  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 
the  United  States  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  such  time ;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Section  7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives ;  but  the  Senate  may  propose  or  concur  with  amend- 
ments, as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to 
the  President  of  the  United  States :  if  he  approve,  he  shall  sign  it ; 
but.  if  not,  he  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at  large 
upon  their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  that  House  shall  agree  to  pass  the 
bill,   it  shall  be   sent,   together  with   the   objections,   to   the   other 


86  CIVIL  GOVERNMENT. 

House,  by  which  it  shall  likewise  be  reconsidered ;  and,  if  approved 
by  two-thirds  of  that  House,  it  shall  become  a  law.  But,  in  all  such 
cases,  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays ;. 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  House  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress, 
by  their  adjournment,  prevent  its  return;  in  which  case  it  shall  not 
be  a  law. 

3.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
the  Senate  and  House  of  Representatives  may  be  necessary  (except 
on  a  question  of  adjournment),  shall  be  presented  to  the  President 
of  the  United  States,  and,  before  the  same  shall  take  effect,  shall 
be  approved  by  him,  or,  being  disapproved  by  him,  shall  be  re-passed 
by  two-thirds  of  the  Senate  and  House  of  Representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Section  8. 

The  Congress  shall  have  power, — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts,  and  provide  for  the  common  defense  and  general  welfare, 
of  the  United  States;  but  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States ; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes ; 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies,  throughout  the  United  States ; 

5.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin    of  the  United  States; 

7.  To  establish  post-offices  and  post-roads ; 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing 


TEXT  OF  CONSTITUTION.  87 

for  limited  times,  to  authors  and  inventors,  the  exclusive  right  to 
their  respective  writings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations ; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water ; 

12.  To  raise  and  support  armies;  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  mili- 
tia, and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively  the 
appointment  of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress ; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  States  and  the  acceptance  of  Congress,  become  the  seat 
of  the  Government  of  the  United  States;  and  to  exercise  like 
authority  over  all  places  purchased,  by  the  consent  of  the  Legislature 
of  the  State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock-yards,  and  other  needful  buildings.   And, — 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  Government  of  the  United  States 
or  in  any  department  or  officer  thereof. 

Section  9. 

1.  The  migration  or  importation  of  such  persons  as  any  of  the 
States  now  existing  shall  think  proper  to  admit  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 


88  CIVIL  GOVERNMENT. 

and  eight ;  but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

3."  No  bill  of  attainder,  or  ex  post  facto  law,  shall  be  passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another ;  nor  shall 
vessels  bound  to  or  from  one  State  be  obliged  to  enter,  clear,  or  pay 
duties,  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  pub- 
lished from  time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by  the  United  States; 
and  no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, office,  or  title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state. 

Section  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confederation; 
grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills  of 
credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment 
of  debts;  pass  any  bill  of  attainder,  ex-post-facto  law,  or  law  im- 
pairing the  obligations  of  contracts;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  abso- 
lutely necessary  for  executing  its  inspection  laws;  and  the  net 
produce  of  all  duties  and  imposts  laid  by  any  State  on  imports  or 
exports  shall  be  for  the  use  of  the  treasury  of  the  United  States,  and 
all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress.     No  State  shall,  without  the  consent  of  Congress,  lay  any 


TEXT  OF  CONSTITUTION.  89 

duty  of  tonnage,  keep  troops  or  ships-of-war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State  or  with  a- 
foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in  such 
imminent  danger  as  will  not  admit  of  delay. 

ARTICLE    II. 

Section  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.  He  shall  hold  his  office  during  the  term 
of  four  years,  and,  together  with  the  Vice-President  chosen  for  the 
same  term,  be  elected  as  follows : — 

2.  Each  State  shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  Electors,  equal  to  the  whole  number 
of  Senators  and  Representatives  to  which  the  State  may  be  entitled 
in  the  Congress;  but  no  Senator  or  Representative,  or  person  hold- 
ing an  office  of  trust  or  profit  under  the  United  States,  shall  be 
appointed  an  Elector. 

3.  (Superseded  by  the  12th  Article  of  Amendments.)  The 
Electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for 
two  persons,  of  whom  one,  at  least,  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  list  of  all  the 
persons  voted  for,  and  of  the  number  of  votes  for  each ;  which  list 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
Government  of  the  United  States,  directed  to  the  President  of  the 
Senate,  The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed  ;  and,  if  there  be  more 
than  one  who  have  such  majority  and  have  an  equal  number  of  votes, 
then  the  House  of  Representatives  shall  immediately  choose,  by 
ballot,  one  of  them  for  President ;  and,  if  no  person  have  a  majority, 
then,  from  the  five  highest  on  the  list,  the  said  House  shall  in  like 
manner  choose  the  President.  But,  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from  each  State 


90  CIVIL  GOVERNMENT. 

having  one  vote :  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two-thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  President,  the  person  having  the  greatest  number  of 
votes  of  the  Electors  shall  be  Vice-President.  But,  if  there  should 
remain  two  or  more  who  have  equal  votes,  the  Senate  shall  choose 
from  them,  by  ballot,  the  Vice-President. 

4.  The  Congress  may  determine  the  time  of  choosing  the  Electors, 
and  the  day  on  which  they  shall  give  their  votes;  which  day  shall 
be  the  same  throughout  the  United  States. 

5.  No  person,  except  a  natural -born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  Constitution,  shall 
be  eligible  to  the  office  of  President ;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to  the  age  of  thirty- 
five  years,  and  been  fourteen  years  a  resident  within  the  United 
States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice-President;  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion, or  inability,  both  of  the  President  and  Vice-President,  declar- 
ing what  officer  shall  then  act  as  President,  and  such  officer  shall  act 
accordingly  until  the  disability  be  removed,  or  a  President  shall 
be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected ;  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation : — 

9.  "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  United  States;  and  will,  to  the  best 
of  my  ability,  preserve,  protect,  and  defend  the  Constitution  of  the 
United  States. 


TEXT  OF  CONSTITUTION.  91 


Section  2. 


1.  The  President  shall  be  commander-in-chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  several  States 
when  called  into  the  actual  service  of  the  United  States:  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices;  and  he  shall  have  power  to  grant  reprieves 
and  pardons  for  offenses  against  the  United  States,  except  in  cases 
of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  consent  and  advice  of  the 
Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present 
concur ;  and  he  shall  nominate,  and  by  and  with  the  consent  of  the 
Senate  shall  appoint,  ambassadors,  other  public  ministers,  and  con- 
suls, judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  law :  but  the  Congress  may 
by  law  vest  the  appointment  of  such  inferior  officers  as  they  think 
proper  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate  by  granting  commissions, 
which  shall  expire  at  the  end  of  their  next  session. 

Section  3. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  information 
of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may 
on  extraordinary  occasions,  convene  both  Houses,  or  either  of  them, 
and,  in  case  of  disagreement  between  them  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper ;  he  shall  receive  ambassadors  and  other  public  ministers ;  he 
shall  take  care  that  the  laws  be  faithfully  executed,  and  shall  com- 
mission all  the  officers  of  the  United  States. 


92  CIVIL  GOVERNMENT. 

Section  4. 

1.  The  President,  Vice-President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for  and 
conviction  of,  treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE    III. 

Section  1. 

1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may, 
from  time  to  time,  ordain  and  establish.  The  judges,  both  of  the 
supreme  and  inferior  courts,  shall  hold  their  offices  during  good 
behavior ;  and  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  continuance 
in  office. 

Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made  or  which  shall  be  made  under  their  authority;  to  all 
cases  aifecting  ambassadors,  other  public  ministers,  and  consuls;  to 
all  cases  of  admiralty  and  maritime  jurisdiction;  to  controversies 
to  which  the  United  States  shall  be  a  party;  (to  controversies  be- 
tween two  or  more  States,  between  a  State  and  citizens  of  another 
State,  between  citizens  of  different  States,  between  citizens  of  the 
same  State  claiming  lands  under  grants  of  different  States,  and 
between  a  State,  or  the  citizens  thereof,  and  foreign  states,  citizens, 
or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all  the  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions  and  under  such  regulations 
as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 


TEXT  OF  CONSTITUTION.  93 

be  by  jury;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed :  but,  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  law  have  directed. 

Section  3. 

1.  Treason  against  the  United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason,  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason;  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records,  and  judicial  proceedings,  of  every  other  State.  And 
the  Congress  may,  by  general  laws,  prescribe  the  manner  in  which 
such  acts,  records,  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

Section  2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having  jurisdic- 
tion of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  the  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due. 


94  CIVIL  GOVERNMENT. 

Section  3. 

1.  New  States  may  be  admitted  by  the  Congress  into  this  Union  j 
but  no  new  State  shall  be  formed  or  erected  within  the  jurisdiction 
of  any  other  State,  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of  the  legis- 
latures of  the  States  concerned,  as  well  as  of  the  Congress. 

S.  The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory,  or  other 
property,  belonging  to  the  United  States;  and  nothing  in  this  Con- 
stitution shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States  or  of  any  particular  State. 

Section  4. 

1.  The  United  States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion,  and,  on  application  of  the  legislature  or  of  the 
executive  (when  the  legislature  cannot  be  convened),  against  domes- 
tic violence. 

ARTICLE  v. 

1.  The  Congress,  whenever  two-thirds  of  both  Houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  Constitution,  or,  on 
the  application  of  the  legislatures  of  two-thirds  of  the  several  States, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes  as  part  of  this  Con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress : 
provided  that  no  amendment  which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  article;  and 
that  no  State,  without  its  consent,  shall  be  deprived  of  its  equal 
suffrage  in  the  Senate. 


TEXT  OF  CONSTITUTION.  95 

ARTICLE  VI. 

1.  All  debts  contracted,  and  engagements  entered  into,  before 
the  adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States,  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be  the 
supreme  law  of  the  land;  and  the  judges  in  every  State  shall  be 
bound  thereby,  anything  in  the  Constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  legislatures,  and  all  executive  and 
judicial  officers  both  of  the  United  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 

ARTICLE    VII. 

1.  The  ratification  of  the  Conventions  of  nine  States  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
States  so  ratifying  the  same. 

AMENDMENTS  TO  THE  CONSTITUTION. 

ARTICLE   I. 

Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom 
of  speech  or  of  the  press;  or  the  right  of  the  people  peaceably  to 
assemble,  and  to  petition  the  government  for  a  redress  of  grievances. 

ARTICLE   II. 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed. 


96  CIVIL  GOVERNMENT. 


ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of  war  but  in  a 
manner  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated ;  and  no  warrants  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
famous crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service,  in  time  of  war  or  public  danger;  nor  shall 
any  person  be  subject,  for  the  same  offense,  to  be  twice  put  in  jeop- 
ardy of  life  or  limb ;  nor  shall  be  compelled,  in  any  criminal  case, 
to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty,  or 
property,  without  due  process  of  law ;  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial  by  an  impartial  jury  of  the  State  and  dis- 
trict wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law;  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation ;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  to  have  the  assistance  of  counsel  for  his 
defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved; 


TEXT  OP  CONSTITUTION.  9T 

and  no  fact,  tried  by  a  jury,  shall  be  otherwise  re-examined  in  any 
court  of  the  United  States  than  according  to  the  rules  of  the  common 
law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respec- 
tively, or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or  by 
citizens  or  subjects  of  any  foreign  State. 

ARTICLE  XII. 

1.  The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves:  they  shall 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  dis- 
tinct ballots  the  person  voted  for  as  Vice-President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number  of  votes  for 
each;  which  lists  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 

8 


98  CIVIL  GOVERNMENT. 

certificates,  and  the  votes  shall  then  be  counted :  the  person  having 
the  greatest  number  of  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  such  majority,  then,  from  the  per- 
sons having  the  highest  numbers,  not  exceeding  three,  on  the  list  of 
those  voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But,  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  representation  from 
each  State  having  one  vote ;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President,  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day 
of  March  next  following,  then  the  Vice-President  shall  act  as  Presi- 
dent, as  in  the  case  of  the  death,  or  other  constitutional  disability, 
of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice-Presi- 
dent shall  be  the  Vice-President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed ;  and  if  no  person  have  a 
majority,  then,  from  the  two  highest  numbers  on  the  list,  the  Senate 
shall  choose  the  Vice-President :  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators;  and  a  majority 
of  the  whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 

ARTICLE  XIII. 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime,  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  subject  to  their 
jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 

ARTICLE  XIV. 

1.  All  persons  born  or  naturalized  in  the  United  States,  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and 


TEXT  OF  CONSTITUTION.  99 

of  the  State  wherein  they  reside.  No  State  shall  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immunities  of  citizens 
of  the  United  States;  nor  shall  any  State  deprive  any  person  of 
life,  liberty,  or  property,  without  due  process  of  law,  nor  deny  to 
any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  numbers,  counting  the  whole  number  of 
persons  in  each  State,  excluding  Indians  not  taxed.  But  when  the 
right  to  vote  at  any  election  for  the  choice  of  electors  for  President 
and  Vice-President  of  the  United  States,  representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  State,  or  the  members  of  the 
legislature  thereof,  is  denied  to  any  of  the  male  inhabitants  of  such 
State,  being  twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion 
or  other  crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens  shall  bear 
to  the  whole  number  of  male  citizens  twenty-one  years  of  age  in  such 
State. 

3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or 
elector  of  President  and  Vice-President,  or  hold  any  office,  civil  or 
military,  under  the  United  States  or  under  any  State,  who,  having 
previously  taken  an  oath  as  a  member  of  Congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as 
an  executive  or  judicial  officer  of  any  State,  to  support  the  Constitu- 
tion of  the  United  States,  shall  have  engaged  in  insurrection  or  re- 
bellion against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  Congress  may,  by  a  vote  of  two-thirds  of  each  House, 
remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States  authorized 
by  law,  including  debts  incurred  for  payment  of  pensions  and 
bounties  for  services  in  suppressing  insurrection  and  rebellion,  shall 
not  be  questioned. 

But  neither  the  United  States  nor  any  State  shall  assume  or  pay 
any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss  or  emancipation 
of  any  slave;  but  all  such  debts,  obligations,  and  claims,  shall  be 
held  illegal  and  void. 


100  CIVIL  GOVERNMENT. 

5.  The   Congress   shall   have   power   to   enforce  by   appropriate 
legislation  the  provisions  of  this  article. 


ARTICLE  XV. 


Section  1.  The  right  of  the  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States  or  any 
State  on  account  of  race,  color,  or  previous  condition  of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  by  ap- 
propriate legislation  the  provisions  of  this  article. 


CHAPTER  III. 

THE   CONSTITUTION   OF   THE   UNITED   STATES 

Examined  and  Annotated. 

The  Constitution  of  the  United  States  is  that  system  of 
fundamental  rules  and  principles  by  virtue  of  which  the  nation 
is  governed  and  the  powers  of  government  defined.  These 
rules  and  principles  are  embodied  and  set  forth  in  the  written 
Constitution.  Like  most  written  charters  of  government,  this 
instrument  has  a  preamble.  But  it  contains  no  formal  Bill  of 
Rights,  although  the  first  ten  Articles  of  Amendment  partake 
of  this  nature.  It  is  composed  of  various  articles  relating  to 
the  public  weal  and  providing  for  the  distribution  of  all  the 
powers  of  government  into  three  co-ordinate  departments: 
Legislative,  Judicial,  and  Executive. 

The  functions  of  these  departments  are  not  always  distinct 
and  separable.  For  example  :  when  the  President  vetoes  a  bill, 
he  performs  a  legislative  act;  when  he  signs  a  pardon,  he  per- 
forms a  judicial  act;  when  Congress  impeaches  and  tries  a 
public  official,  its  action  is  judicial;  when  the  Senate  confirms 
an  appointment,  its  act  is  executive;  when  the  Supreme  Court 
applies  the  law  to  a  particular  case,  its  act  is  executive;  and 
the  like. 

Changed  conditions  and  the  inadequacy  of  its  original  pro- 
visions have  led  to  the  adoption  of  fifteen  Amendments  to  the 
Constitution.  For  convenience  in  study,  these  amendments 
may  be  considered  as  though  they  were  a  part  of  the  original 
instrument.  Indeed,  to  treat  the  whole  in  any  other  way  than 
as  a  single  document  would  involve  the  discussion  of  the  whole 


102  CIVIL  GOVERNMENT. 

history  of  the  United  States  and  of  the  political  parties  and 
movements  from  the  time  of  the  formation  of  the  Union. 

It  must  be  borne  constantly  in  mind  that  the  government  of 
the  United  States  is  a  government  of  delegated  powers:  that 
is,  of  powers  which  have  been  delegated  to  the  general  govern- 
ment by  the  people  or  resigned  to  it  by  the  States.  The  United 
States  Government  has  only  such  powers  as  have  been  ex- 
pressly given  it  by  the  Constitution  or  are  necessarily  implied 
by  that  instrument,  fairly  interpreted  and  construed. 

On  the  whole,  ours  is  the  nearest  approach  to  a  perfect  polity 
that  has  yet  been  devised  by  the  human  mind. 

THE   PREAMBLE. 

The  Preamble  sets  forth  the  purposes  and  objects  to  secure 
and  guarantee  which  the  Constitution  was  ordained  and  es- 
tablished. It  is  so  short,  so  simple,  and  so  clear,  that  little  is 
left  to  be  said  by  way  of  comment  and  elucidation.  Careful 
study,  however,  brings  out  the  line  of  thought  pursued  by  its 
framers  and  assists  in  an  understanding  of  the  document  as 
a  whole. 

We  The  People. — This  is  to  be  a  compact  of  the  people, 
and  not  a  simple  league  or  federation  of  the  States  in  which 
they  live.  We  are  to  be  a  Nation,  and  not  a  mere  congeries  of 
States. 

In  Order  to  Form  a  More  Perfect  Union. — The  Union 
under  the  Articles  of  Confederation  had  been  found  to  be 
inadequate  for  the  accomplishment  of  its  intended  purposes. 
The  passage  of  retaliatory  laws  by  one  State  against  another ; 
the  commercial  rivalry  between  the  different  States;  the  lack 
of  power  to  raise  revenue  for  public  purposes;  the  want  of 
control  over  commerce,  foreign  and  domestic, —  all  these,  and 
many  other  causes,  made  certain  the  falling  apart  of  the  Union 


THE  CONSTITUTION.  103 

under  the  Confederation  and  rendered  necessary  a  new  and 
more  adequate  concert,  if  the  new  nation  were  to  continue  to 
live. 

Establish  Justice — Divergent  and  contradictory  laws; 
disregard  of  the  decisions  of  the  courts  of  one  State  by  the 
courts  of  the  others;  the  practical  nullification,  through  the 
decisions  of  the  courts  of  the  several  States,  of  treaties  made 
between  the  Confederacy  and  foreign  nations ;  laws  making 
unjust  distinctions  between  the  citizens  of  the  States  enacting 
them  and  the  citizens  of  other  States;  together  with  many 
other  evils  which  could  only  be  remedied  by  the  establishment 
of  a  system  of  uniform  justice  and  authority,  applicable  to 
the  relations  between  the  citizens  of  the  different  States,  one 
with  another,  and  to  the  relations  between  the  several  States, 
foreign  nations,  and  the  general  government  —  all  these  made 
this  purpose  of  the  Constitution  of  very  great,  and  even  vital 
importance. 

Insure  Domestic  Tranquility. — In  the  absence  of  domestic 
tranquility,  the  every  purpose  for  which  the  Constitution  was 
established,  would  fail.  Disputes  about  State  boundaries; 
State  rivalries  and  jealousies;  and  other  causes  of  friction  be- 
tween the  States,  had  imperiled  domestic  tranquility.  Some 
action  looking  to  its  preservation  and  enforcement  had  become 
necessary. 

Provide  for  the  Common  Defence. — Unless  provision  were 
made  for  the  united  defence  of  common  interests,  the  States 
might  individually  fall  under  the  dominion  or  domination  of 
aggressive  foreign  powers. 

Promote  the  General  Welfare. — This  clause  covers  and  in- 
cludes all  the  aims  and  ends  which  were  sought  to  be  accom- 
plished by  the  formation  of  the  Union  under  the  Constitu- 
tion —  as  well  those  purposes  which  are  specifically  mentioned, 


104  CIVIL  GOVERNMENT. 

as  those  which,  by  reason  of  their  number  and  complexity, 
could  nev^er  be  enumerated  and  defined  by  any  document  made 
by  human  hands.  Such  a  general  statement  of  purpose  was 
considered  necessary  in  order  that  there  might  be  no  possi- 
bility of  the  omission,  through  oversight,  of  any  of  the  essen- 
tial objects  for  which  the  Union  was  to  be  constituted. 

Secure  the  Blessings  of  Liberty  to  Ourselves  and  our  Pos- 
terity.— Without  liberty,  all  the  benefits  of  ordered  govern- 
ment and  material  prosperity  would  be  worthless, —  liberty 
not  only  for  the  framers  of  the  Constitution,  but  liberty  for 
those  who  were  to  come  after  them  —  for  us.  This  secured 
and  maintained,  the  whole  purpose  of  human  government  is 
attained.  Without  it,  the  most  splendid  prosperity  in  material 
things  is  worthless  —  and  worse  than  worthless. 

Do  Ordain  and  Establish  this  Constitution  of  the  United 
States  of  America. — The  preamble  itself,  from  a  strictly  legal 
standpoint,  is  not  a  part  of  the  Constitution ;  but,  as  the  Con- 
stitution is  formed  for  the  accomplishment  of  the  purposes 
set  forth  in  the  preamble,  this  may  be  said  to  be  of  essential 
importance  in  studying  and  understanding  that  instrument, 
and  is  of  the  greatest  assistance  to  the  courts  in  interpreting 
and  expounding  its  provisions. 

Note. — The  Constitution  itself  is  divided  into  seven  parts, 
called  Articles,  and  numbered  from  I.  to  VII.;  and  fifteen 
Articles  of  Amendment,  numbered  from  I.  to  XV.  These 
Articles  and  Amendments  are  subdivided  into  Sections,  also 
numbered;  and  these,  again,  into  numbered  clauses.  Any 
particular  portion  of  the  Constitution  is  referred  to  by  article, 
section,  and  clause:  as,  II. -2.-1.,  meaning  the  first  clause  of 
the  second  section  of  the  second  Article.  The  Amendments 
are  also  referred  to  in  a  similar  manner;  as.  Amendment 
XV. -2.,  meaning  the  second  section  of  the  fifteenth  Amend- 
ment. 


CHAPTER  IV. 

ARTICLE  I.  OF  THE  CONSTITUTION. 

Sections   1.-4. 

Section  1. 

1.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

This  section  erects  the  Legislative  Department  of  the  gov- 
ernment, and  vests  all  law-making  powers  granted  under  the 
Constitution  in  a  bi-cameral  Congress ;  that  is,  in  a  Congress 
divided  into  two  branches,  having  co-ordinate  powers  of  gen- 
eral legislation.  Under  the  Articles  of  Confederation,  the  leg- 
islative power  had  been  in  the  hands  of  a  single  popular  body; 
and  this  experience  had  taught  that  the  best  results  could  not 
be  secured  from  a  legislative  body  so  constituted.  Hence  the 
division  into  a  House  of  Representatives,  whose  members  are 
elected  directly  by  the  people,  for  a  short  term  only;  and  a 
Senate,  whose  members  are  elected  by  the  legislatures  of  the 
several  States,  for  a  comparatively  long  term.  Each  of  these 
bodies  acts  as  a  check  upon  the  other,  preventing  hasty  and 
ill-considered  legislation.  The  wisdom  of  such  a  division  is 
further  seen  in  the  fact  that  almost  all  countries  having  a  con- 
stitutional form  of  government  thus  divide  their  legislatures 
into  two  branches,  referred  to,  usually,  as  the  Upper  and 
Lower  Houses. 

Section  2. 

\.  The  House  of  Representatives  shall  he  composed  of  mem- 
bers chosen  every  second  year.     Two  years  was  finally  fixed 


106  CIVIL  GOVERNMENT. 

upon  by  the  Constitutional  Convention,  for  the  term  of  a  mem- 
ber of  the  House  of  Representatives,  or  popular  branch  of 
Congress,  as  a  compromise  between  the  views  of  those  who 
urged  a  term  of  one  year,  in  order  that  the  Members  might 
be  held  to  a  stricter  accountability  to  their  constituencies;  and 
the  views  of  those  who  favored  a  longer  term,  on  the  ground 
that  Members  would  become  more  familiar  with  their  duties, 
and  thus  better  qualified  to  serve  the  people.  Congressional 
elections  always  take  place  in  years  ending  in  even  numbers, 
and  the  terms  of  Representatives  always  expire  in  years  end- 
ing in  odd  numbers. 

By  the  People  of  the  Several  States.  In  the  Constitutional 
Convention,  as  in  the  country  at  large,  there  were  two  parties, 
—  one  favoring  the  centralization  of  governmental  power, 
and  the  other  contending  that  it  should  be  kept,  so  far  as  was 
possible,  in  the  direct  hands  of  the  people.  (These  two  schools 
of  thought  exist  today,  and  will  probably  continue  as  long  as 
the  Government  itself.)  The  former  proposed  that  Repre- 
sentatives be  elected  by  the  legislatures  of  the  several  States; 
the  latter,  that  they  should  be  elected  directly  by  the  voters 
of  the  individual  States,  voting  by  districts.  By  a  close  vote 
in  the  Convention,  it  was  decided  that  the  members  of  the 
House  of  Representatives  should  be  elected  directly  by  the 
people  of  the  several  States,  in  proportion  to  their  respective 
populations.  In  1842,  a  law  was  passed  by  Congress  provid- 
ing for  the  division  of  each  State  into  congressional  districts, 
from  each  of  which  one  Representative  is  elected. 

And  the  Electors  in  each  State  shall  have  the  qualifications 
requisite  for  Electors  of  the  most  numerous  branch  of  the 
State  Legislature.  By  "electors,"  in  this  connection,  is  simply 
meant,  voters.  This  clause  leaves  in  the  hands  of  the  several 
States  the  fixing  of  the  qualifications  of  those  who  shall  be 


ARTICLE  L  107 

entitled  to  vote  for  members  of  the  House  of  Representatives; 
but  it  prescribes  that  no  State  shall  adopt  a  test  higher  or 
different  for  the  exercise  of  the  privilege  of  franchise  in  con- 
gressional elections  than  such  State  requires  for  eligibility  to 
vote  for  members  of  the  most  popular  branch  of  its  own  legis- 
lature. The  requirements  of  the  several  States  differ  some- 
what widely;  but,  in  general,  require  a  residence  of  one  year 
in  the  State,  six  months  in  the  county,  and  one  month  in  the 
town  or  township.  Some  States  require  an  educational  test, 
others,  a  property  qualification ;  while  in  some,  even  aliens  are 
allowed  to  vote,  if  they  have  declared  their  intention  of  becom- 
ing naturalized,  and  have  lived  a  certain  time  in  the  State. 
(In  common  parlance,  members  of  the  House  of  Representa- 
tives are  known  as  "Congressmen,"  while  members  of  the 
Senate  are  called  Senators;  strictly  speaking,  members  of  both 
Houses  are  equally  and  properly.  Congressmen.) 

Members  of  the  House  of  Representatives  are,  as  has  been 
noticed  before,  elected,  in  the  several  States,  by  congressional 
districts.  For  convenience,  these  districts  are  numbered  in 
each  State  (1st,  2d,  3d,  etc.)  and  are  known  by  their  num- 
bers; as,  the  First  Congressional  District  of  New  York, 
etc.  The  voters  of  each  district  vote  for  one  candidate 
for  Representative. 

2.  No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years. 

Although  a  person  attains  his  legal  majority  at  the  age  of 
twenty-one  years,  it  was  thought  by  the  members  of  the  Con- 
stitutional Convention  that  several  years  of  management  of  his 
own  affairs  were  necessary  for  qualification  to  legislate  for 
others  in  the  important  concerns  of  National  life.  The  age  of 
twenty-five  was  finally  fixed  upon  as  that  most  suitable;  and, 
all  things  considered,  this  is  probably  a  wise  limitation. 


108  CIVIL  GOVERNMENT. 

Been  seven  years  a  citizen  of  the  United  States.  In  order 
to  be  eligible  for  election  to  membership  in  the  House  of  Rep- 
resentatives, it  is  not  required  that  a  person  should  have  been 
born  in  this  country.  He  must,  however,  have  been  a  citizen 
for  at  least  seven  years;  and,  if  to  this  be  added  the  five  years 
of  residence  necessary  before  naturalization  —  twelve  years 
of  residence  in  the  country  is  necessary  before  an  alien  can 
become  qualified  for  election  as  Representative  in  Congress,  a 
period  supposedly  long  enough  to  enable  him  to  become 
familiar  with  the  institutions  and  the  needs  of  the  country. 

And  who  shall  not,  when  elected,  he  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen.  As  the  States  are  repre- 
sented in  Congress  by  their  Representatives,  it  is  but  reasonable 
to  require  that  such  Representatives  should  not  be  elected 
from  without  the  State  whose  interests  are  entrusted  to  their 
keeping.  A  Representative  may,  however,  be  a  resident  of  any 
portion  of  the  State,  and  is  not  required  to  reside  in  the  par- 
ticular congressional  district  from  which  he  shall  be  chosen. 
This  enables  each  State  to  send  its  best  men  to  represent  it  in 
Congress. 

3.  Representatives  and  Direct  Taxes  shall  be  apportioned 
among  the  several  States  ivhich  may  be  included  ivithin  this 
Union,  according  to  their  respective  numbers,  which  shall  be 
determined  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and  ex- 
cluding Indians  not  taxed,  three-fifths  of  all  other  persons. 
The  actual  enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States,  and 
within  every  subsequent  term,  of  ten  years,  in  such  manner  as 
they  shall  by  law  direct.  The  number  of  Representatives  shall 
not  exceed  one  for  every  thirty  thousand,  but  each  State  shall 
have  at  least  one  Representative;  and,  until  such  enumeration 


ARTICLE  I.  109 

shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled 
to  choose  three,  Massachusetts  eight,  Rhode-Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six.  New 
Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland  six, 
Virginia  ten.  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

This  clause  provides  that  the  Representatives  in  Congress 
shall  be  apportioned  among  the  several  States  in  proportion 
to  their  respective  populations,  as  ascertained  by  an  enumera- 
tion, or  census;  and  that  direct  taxes  shall  be  laid  in  a  like 
manner. 

The  Fourteenth  Amendment  to  the  Constitution  modifies 
and  alters  this  clause,  so  far  as  it  relates  to  the  manner  of  the 
enumeration  on  which  representation  is  based.  This  change 
was  due  to  the  questions  growing  out  of  the  abolition  of 
slavery.  It  may  be  noticed  here,  in  passing,  that  slavery  is 
never  directly  mentioned  in  the  Constitution,  until  in  the  thir- 
teenth Amendment  —  after  the  extinction  of  that  institution. 
Prior  to  that,  all  reference  to  slavery  is  by  paraphrasis  or  cir- 
cumlocution. This  was,  of  course,  intentional ;  in  order  to 
avoid  the  mention  of  an  ugly  word  in  connection  with  the 
establishment  of  institutions  dedicated  to  freedom. 

Congress  is  here  prohibited  from  assigning  more  than  one 
Representative  to  each  thirty  thousand  of  population.  The 
ratio,  as  first  established  by  Congress,  was  one  Representative 
to  (about)  every  fifty  thousand  inhabitants.  This  ratio  has 
been  constantly  increased,  until  there  is  now  a  population  of 
more  than  two  hundred  thousand  for  each  Representative  in 
Congress.  Women  and  children  are  included  in  this  enumera- 
tion, and  are  in  this  way  represented  in  Congress.  It  some- 
times happens  that  a  State  is  entitled  to  more  Representatives 
than  it  has  congressional  districts.     In  this  case,  Representa- 


110  CIVIL  GOVERNMENT. 

tives  at  Large  are  elected  by  the  voters  of  the  whole  State. 
Such  Representatives  are  called  "Congressmen  at  Large." 

It  is  an  exceedingly  interesting  and  instructive  study  to 
compare  the  growth  in  population  and  relative  importance  of 
the  several  States,  by  contrasting  their  present  representation 
in  Congress  with  that  provided  for  in  this  clause  of  the 
Constitution. 

By  an  act  of  Congress  (not  by  a  specific  provision  of  the 
Constitution),  each  organized  Territory  is  represented  in  Con- 
gress by  one  "Delegate,"  who  may  speak  for  his  Territory, 
and  may  participate  in  the  discussions  of  the  House ;  but  who 
may  not  vote. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

Such  an  election  is  called  a  special  election,  and  is  held  in 
pursuance  of  a  writ  directed  to  the  Congressional  district  in 
which  the  vacancy  has  occurred.  The  election  is  for  a  Repre- 
sentative to  fill  the  unexpired  portion  of  the  term  for  which 
the  former  incumbent  had  been  chosen ;  and  occurs  on  a  day 
fixed  by  the  governor  of  the  State,  usually  shortly  after  the 
vacancy  arises.  Such  vacancies  occur  by  death,  resignation, 
or  expulsion  from  the  House. 

5.  The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers.  Under  the  growth  and  development  of  this 
country,  which  is  reflected  in  the  increasing  size  and  expand- 
ing responsibilities  of  Congress,  the  ofiice  of  Speaker  of  the 
House  of  Representatives,  who  must  be  a  member  of  that  body, 
has  come  to  be  second  in  importance  only  to  that  of  the  Presi- 
dent himself.  It  is  the  duty  of  the  Speaker  to  preside  over  the 
deliberations  of  the  House;  to  apply  its  rules;  to  appoint  its 
committees;  and  to  preserve  order  during  its  sessions. 


ARTICLE  I.  Ill 

In  addition  to  the  Speaker,  the  House  has  other  officers,  who 
are  not  members  of  the  House;  as,  the  Clerk,  who  is  Secre- 
tary of  the  House  and  has  charge  of  the  records  of  the  House 
and  of  the  bills  under  consideration ;  the  Sergeant  at  Arms, 
who  maintains  order,  summons  absent  members,  and,  when  so 
directed  by  the  House,  makes  arrests  and  summons  absent  wit- 
nesses; the  Doorkeeper,  who  has  charge  of  the  chamber  in 
which  the  Representatives  meet,  and  guards  the  doors  when 
the  House  is  in  session ;  the  Postmaster,  who  looks  after  the 
mail  of  the  members ;  the  Chaplain,  who  opens  the  sessions  of 
the  House  with  prayer;  and  other  subordinate  officers. 

And  shall  have  the  sole  power  of  impeachment.  By  this 
clause,  the  sole  power  to  originate  impeachments  is  given  to 
the  House  of  Representatives.  An  impeachment  is  a  grave 
accusation  of  treason,  bribery,  or  other  crime  or  misdemeanor, 
brought  against  a  civil  officer  of  the  government.  In  its 
nature,  it  bears  a  close  analogy  to  an  indictment  by  a  grand 
jury.  In  the  trial  of  impeachments,  the  Senate,  as  is  elsewhere 
more  fully  explained,  acts  as  a  trial  court  of  the  impeachment 
brought  by  the  House  of  Representatives  acting  in  a  capacity 
somewhat  similar  to  that  of  a  grand  jury. 

Any  member  of  the  House,  who  believes  that  a  crime  has 
been  committed  or  an  impeachable  wrong  done,  by  a  civil 
officer  of  the  United  States,  may  move  for  the  appointment 
of  a  committee  of  investigation.  If  this  committee,  after  ap- 
pointment and  after  inquiry,  report  in  favor  of  an  impeach- 
ment and  such  report  is  adopted  by  the  House,  after  discussion, 
another  committee  is  appointed  for  the  purpose  of  drawing  up 
formal  and  specific  articles  of  impeachment.  These  articles 
are  discussed,  and  voted  upon,  by  the  House,  article  by  article, 
a  majority  vote  being  sufficient  to  carry  any  article.     Another 


112  CIVIL  GOVERNMENT. 

committee  is  now  appointed  to  present  these  articles  of  im- 
peachment to  the  Senate,  by  whom  they  are  tried. 

Section  3. 

1.  The  Senate  of  the  United  States  shall  be  composed  of 
two  Senators  from  each  State.  This  composition  of  the  Senate 
gives  to  each  State  an  equal  voice  in  the  proceedings  of  that 
body.  As  in  the  case  of  many  of  the  other  provisions  of  the 
Constitution,  this  clause  represents  a  compromise  between  those 
States  (the  smaller  and  less  important  ones)  which  were  in 
favor  of  each  State,  no  matter  what  its  size  or  population, 
having  an  equal  representation  in  both  Houses  of  Congress, 
and  those  other  States  (the  larger  and  more  important)  which 
urged  that  representation  in  both  bodies  be  based  on  propor- 
tionate population.  The  contention  of  the  former  was  sus- 
tained as  to  the  Senate,  and  that  of  the  latter  in  regard  to  the 
House  of  Representatives.  Two  Senators  are  chosen  from  each 
State  largely  that,  in  the  absence,  due  to  illness  or  other  cause, 
of  one  of  the  Senators  of  a  State,  that  State  might  not  be  alto- 
gether without  representation  in  the  Senate. 

Chosen  by  the  Legislature  thereof.  This,  again,  represents 
a  compromise  between  the  views  of  those  who  desired  the 
Senators  to  be  appointed  by  the  President,  and  those  who 
wished  that  they  be  elected  directly  by  the  people.  In  recent 
years,  there  has  been  a  growing  sentiment  that  this  last  course 
would  have  been  preferable  to  the  one  adopted. 

The  legislature  of  a  State  chooses  a  Senator's  successor  at 
the  last  session  before  the  expiration  of  the  term  of  the  incum- 
bent. The  proceedure  is  regulated  by  an  act  of  Congress, 
which  prescribes  that  each  House  of  the  State  Legislature 
shall,  when  a  Senator  is  to  be  elected,  take  a  separate  vote  for 


ARTICLE  I.  113 

Senator,  on  the  second  Tuesday  after  the  legislature  meets. 
The  next  day,  the  two  Houses  must  meet  together,  and,  if  it 
appear  that,  on  the  previous  day,  any  candidate  received  a 
majority  of  the  votes  of  each  House,  such  candidate  shall  be 
declared  elected.  If  no  candidate  had  received  a  majority  in 
each  House,  then  the  two  Houses  must  proceed  to  vote  for 
Senator  in  joint  session,  and  must  continue  to  so  vote  in  joint 
session  each  day  until  some  candidate  is  chosen  or  until  the 
legislature  adjourns.  If  the  legislature  adjourn  without  hav- 
ing elected  a  Senator,  the  governor  of  the  State  cannot  fill  the 
vacancy  by  appointment  —  the  seat  must  remain  vacant  until 
the  legislature  shall  regularly  elect  a  Senator. 

For  six  years.  Many  members  of  the  Constitutional  Con- 
vention thought  that  Senators  should  be  elected  for  life  or 
during  good  behavior.  Others  thought  that  the  term  of  a 
Senator  should  be  the  same  as  that  of  a  Representative.  Six 
years  was  finally  fixed  upon  as  a  compromise  between  the 
views  of  these  two  parties. 

And  each  Senator  shall  have  one  vote.  The  Senators  repre- 
sent the  States  in  their  political  capacity,  and,  as  all  States  are 
equal  as  States,  all  are  given  an  equal  voice  in  the  proceedings 
of  the  Senate. 

2.  Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided,  as  equally  as  may  be, 
into  three  classes.  The  seats  of  Senators  of  the  first  class  shall 
'be  vacated  at  the  expiration  of  the  second  year;  of  the  second 
class,  at  the  expiration  of  the  fourth  year;  and  of  the  third 
class,  at  the  expiration  of  the  sixth  year;  so  that  one-third 
may  be  chosen  every  second  year.  This  clause  constitutes  the 
Senate  a  perpetual  body,  made  up  of  members,  one-third  of 
whom  have  had  at  least  four  years  of  legislative  experience; 
one-third,  at  least  two  years;  and  the  remaining  third  of  whom 

9 


114  CIVIL  GOVERNMENT. 

may  be,  at  the  beginning  of  their  terms,  without  any  legisla- 
tive experience  whatever. 

As  one-third  of  the  members  of  the  Senate  and  all  of  the 
members  of  the  House  of  Representatives  are  elected  each 
two  years,  the  members  of  both  Houses  elected  at  each  such 
period,  together  with  those  Senators  "holding  over,"  are  said 
to  constitute  "  A  Congress" ;  which  endures  for  two  years  after 
each  such  election,  and  is  known  by  a  number,  found  by 
dividing  the  difference  between  1789  (the  year  in  which  the 
first  Congress  was  elected)  and  the  year  when  any  Congress 
expires  by  two  (2)  ;  as,  the  Congress  which  expired  in  1791 
is  known  as  the  "1st  Congress",  that  expiring  in  1911,  as  the 
"61st  Congress",  etc. 

And  if  vacancies  happen,  by  resignation  or  otherwise,  dur- 
ing the  recess  of  the  Legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  Legislature,  which  shall  then  fill  such  vacancies. 
This  clause  prescribes  the  manner  of  filling  such  vacancies  in 
the  Senate  as  may,  from  time  to  time,  occur.  A  Senator  elected 
or  appointed  under  its  provisions  holds  the  office  only  during 
the  unexpired  portion  of  the  former  incumbent's  term. 

3.  No  person  shall  he  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabi- 
tant of  that  State  for  which  he  shall  be  chosen. 

As  it  was  the  intention  of  the  framers  of  the  Constitution 
that  the  Senate  should  be  a  graver,  a  more  dignified,  and  a 
more  conservative  body  than  the  House  of  Representatives; 
and  as,  in  some  respects  at  least,  the  duties  of  a  Senator  call 
for  the  exercise  of  a  riper  judgment  than  do  those  of  a  Repre- 
sentative,—  the  qualifications  for  a  seat  in  the  Senate  are  made 


ARTICLE  I.  115 

more  exacting,  although  not  different  in  kind,  than  are  those 
for  eligibility  to  membership  in  the  House  of  Representatives. 

4.  The  Vice-President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate.  The  members  of  the  Constitutional  Con- 
vention believed  that  the  presiding  officer  of  the  Senate  vifould 
be  more  impartial  in  his  rulings,  and  less  likely  to  be  influenced 
by  bias  toward  his  own  State,  if  he  were  not  a  member  of  the 
Senate.  The  Vice-President  was  selected  to  be  also  President 
of  the  Senate  because  (probably)  no  duties  attached  to  his 
office  as  originally  constituted;  except  the  succession  to  the 
duties  of  the  office  of  President,  in  the  event  of  death,  resigna- 
tion, or  other  disability  on  the  part  of  that  officer. 

But  shall  have  no  vote  unless  they  be  equally  divided.  Pro- 
vision is  made  in  this  clause,  that,  in  the  event  of  an  equal 
division  of  the  Senate,  the  Vice-President  shall  have  a  casting 
vote.  It  will  be  noticed  that,  in  effect,  this  only  gives  him,  in 
the  contingency  provided  for,  an  affirmative  vote;  for  a 
measure  can  only  be  carried  by  an  affirmative  majority. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore  in  the  absence  of  the  Vice-President, 
or  when  he  shall  exercise  the  office  of  President  of  the  United 
States. 

It  is  the  duty  of  the  President  of  the  Senate  pro  tempore, 
who  is  an  officer  of  the  Senate  chosen  from  among  its  own 
membership,  to  exercise  the  duties  of  the  office  of  the  Vice- 
President  of  the  United  States  in  his  absence  or  in  the  event 
of  his  succeeding  to  the  office  of  President  of  the  United 
States ;  but  the  President  of  the  Senate  pro  tempore  does  not, 
in  this  last  contingency,  become  Vice-President,  nor  does  he, 
in  the  event  of  the  disability  of  both  the  President  and  the 
Vice-President  of  the  United  States,  succeed  to  that  office. 

The  other  Senate  officers,  chosen  by  the  Senate,  are  not 


116  CIVIL  GOVERNMENT. 

members  of  that  body.  They  are  secretary,  sergeant  at  arms, 
postmaster,  and  doorkeeper;  their  duties  being  sufficiently 
indicated  by  their  titles. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers present. 

This  clause  provides  for  the  trial  of  all  impeachments.  In 
such  trials,  the  Senate  sits  as  a  court,  under  oath  or  affirma- 
tion. When  the  President  is  tried,  it  is  prescribed  that  the 
Chief  Justice  of  the  Supreme  Court  shall  preside;  because 
(probably)  the  Vice-President  has  a  direct  interest  in  the 
conviction  of  the  President,  and  it  would  be  unseemly  for  him, 
in  his  capacity  of  President  of  the  Senate,  to  preside  over  a 
trial  on  whose  issue  might  depend  his  own  advancement  to 
the  highest  office  in  the  land.  The  provision  that  two-thirds, 
instead  of  a  majority,  of  those  members  present  must  concur 
in  a  conviction,  guards  against  injustice  being  done  by  reason 
of  party  or  political  prejudice. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust,  or  profit,  under  the  United 
States;  but  the  party  convicted  shall  nevertheless  be  liable  and 
subject  to  indictment,  trial,  judgment,  and  punishment,  ac- 
cording to  law. 

By  this  clause  the  punishment  of  an  official  on  impeachment 
is  limited  to  removal  from  office  and  to  disqualification  to 
hold  or  enjoy  office  under  the  United  States  and  by  the  4th 
section  of  Article  II.  of  the  Constitution,  removal  from  office 
is  made  imperative  in  the  cases  of  all  civil  officers  on  impeach- 


ARTICLE  I.  117 

merit  for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors.  Such  other  punishment  as  these 
crimes  and  misdemeanors  may  call  for  is  left  to  the  ordinary 
courts  of  justice.  The  effect  of  these  provisions  is,  that  an 
accused  official  is  only  tried  by  the  Senate  for  offences  so  far 
as  they  affect  his  official  capacity ;  while  for  the  offences  them- 
selves, he  is  answerable  at  the  bar  of  common  justice.  Mem- 
bers of  either  House  of  Congress,  and  officers  of  the  army  and 
navy,  are  not  liable  to  impeachment.  Their  offences  are  tried 
in  other  ways  provided  by  law.  In  practice,  only  the  highest 
officers  of  Government  are  impeached  for  wrong-doing;  and 
such  cases  are  of  very  rare  occurrence. 

A  trial  by  impeachment  is  conducted,  substantially,  accord- 
ing to  the  usual  procedure  of  the  higher  courts  of  law. 

When  the  evidence  has  all  been  considered  and  the  argu- 
ments heard,  the  Senate  considers  its  verdict,  every  Senator, 
on  the  call  of  his  name,  voting  yea  or  nay  on  each  article  of 
impeachment.  If  two-thirds  of  all  the  Senators  present  find 
the  accused  guilty  of  all  or  of  any  one  of  the  charges,  he  must 
be  removed  from  office;  and  may,  in  addition,  be  disqualified 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit  under 
the  United  States. 

Section  4. 

1.  The  times,  places,  and  manner  of  holding  elections  for 
Senators  and  Representatives  shall  be  prescribed  in  each  State 
by  the  Legislature  thereof;  but  the  Congress  may  at  any  time, 
by  law,  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  Senators. 

This  clause  provides  for  the  regulation  of  elections  for 
Senators  and  Representatives;  so  that,  if  it  be  deemed  advis- 
able, these  may  be  made  uniform  throughout  the  whole  coun- 


118  CIVIL  GOVERNMENT. 

try;  and  that,  in  the  event  of  default  on  the  part  of  the 
legislature  of  any  State  to  make  any  provision  for  such  elec- 
tion, or  in  the  event  of  improper  or  inadequate  provision  being 
made, —  Congress  can  intervene  to  prevent  the  intention  of  the 
Constitution,  that  all  the  States  should  be  represented  in  Con- 
gress, from  being  frustrated. 

This  power  of  regulation  is  absolute,  except  as  to  the  places 
for  choosing  Senators.  As  these  are  chosen  by  the  legislatures 
of  the  several  States,  to  give  to  Congress  the  power  of  pre- 
scribing the  places  for  the  election  of  Senators  would  be,  in 
effect,  to  give  them  the  power  of  prescribing  the  places  of 
meeting  of  the  various  State  legislatures.  This  would  be 
inconsistent  with  the  independence  essential  to  each  State 
with  respect  to  its  own  legislature. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year; 
and  such  kneeling  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  law  appoint  a  different  day. 

In  this  clause,  provision  is  made  by  the  Constitution  for  the 
frequency  and  for  the  time  of  the  meetings  of  Congress,  lest 
the  two  Houses  fail  to  agree  upon  these  points.  The  place  of 
meeting  is  not  prescribed;  because  war,  pestilence,  or  other 
cause,  might,  at  times,  prevent  them  from  meeting  at  any 
particular  place  that  might  be  designated. 

As  circumstances  might  render  it  advisable  for  Congress  to 
meet  on  some  other  day  than  the  first  Monday  in  December, 
it  is  provided  that  the  two  Houses  may  agree  upon  a  different 
day.  Elsewhere  in  the  Constitution,  power  is  given  to  the 
President  to  call  Congress  together  at  any  time,  on  extraor- 
dinary occasions. 

As  members  of  Congress  are  always  elected  in  November 
(in  one  or  two  States,  in  October)  for  a  term  commencing  on 
the  1st  of  March  following,  and  as  the  Congress  does  not  meet 


ARTICLE  I.  119 

until  December;  it  follows  that  a  member  of  Congress  docs 
not  take  his  seat  in  that  body  until  about  a  year  and  a  month 
after  his  election. 

But  as  the  term  of  one  Congress  commences  on  March  1st, 
it  follows  that  the  term  of  the  preceding  Congress  expires  at 
that  time.  This  results  in  a  long  session  of  each  Congress, 
which  may  last  from  the  first  meeting  of  a  new  Congress  in 
December  until  the  following  December;  and  a  short  session, 
which  can  only  last  from  December  of  the  second  year  of  a 
Congress  until  the  4th  of  March  —  a  trifle  over  three  months. 

Congressional  elections  occur  in  years  ending  in  even 
numbers,  and  new  Congresses  meet  in  years  ending  in 
odd  numbers. 


CHAPTER  V. 

ARTICLE  I.   OF  THE  CONSTITUTION. 

Sections  yj. 

Section  5. 

1,  Each  House  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members.  The  power  of  judging 
of  the  elections,  returns,  and  qualifications  of  its  own  members 
is  not  a  power  peculiar  to  Congress;  but  is  a  right  possessed 
by  all  of  the  State  legislatures,  and,  as  well,  by  all  similar 
bodies  anywhere,  under  a  free  government.  This  is  a  very 
necessary  provision  under  such  a  government  as  ours;  for,  if 
this  were  not  the  case,  and  if  any  authority  other  than  the 
Congress  itself  could  decide  who  were  entitled  to  seats  in  its 
body,  such  authority  could,  by  this  means,  control  legislation 
and  could  nullify  the  wishes  of  the  people  as  expressed  by 
their  ballots.  Moreover,  such  a  power  in  Congress  is  neces- 
sary, because  it  might  happen  that  some  person  should  be 
returned  to  a  seat  in  Congress,  who  did  not  possess  the  quali- 
fications imposed  by  the  Constitution  for  eligibility  to  that 
body;  or,  a  person  who  was  totally  unfitted  by  his  moral 
character  at  the  time  of  his  election  or  who  became  so  unfitted 
after  such  election  might  be  chosen  to  such  membership. 
Under  any  of  these  conditions,  either  House  of  Congress  has 
the  power  to  deny  to  such  a  person  membership  in  its  body. 

And  a  majority  of  each  shall  constitute  a  quorum  to  do 
business.  This,  also,  is  a  very  necessary  provision.  If  it  were 
required  that  all,  or  nearly  all,  of  the  members  be  present 


ARTICLE  I.  121 

before  business  could  be  transacted,  a  few  interested  indi- 
viduals might,  by  absenting  themselves,  completely  block 
legislation.  On  the  other  hand,  if  business  might  be  trans- 
acted by  a  very  small  number  of  the  members,  advantage 
might  be  taken  of  this  fact  by  a  small  minority  to  pass  ob- 
noxious laws  in  the  absence  of  the  greater  number  of  the 
members.  For  these  reasons,  the  Constitution  specifies  as  a 
quorum  by  which  business  may  be  transacted  by  either  House, 
a  majority  of  all  its  members. 

But  a  smaller  number  may  adjourn  from  day  to  day.  It 
might  be  that  a  majority  of  the  members  were  absent  and  that 
their  presence  could  not  be  obtained  on  any  given  day.  Hence 
authority  is  given  to  such  members  as  may  be  present,  to 
adjourn;  but  only  from  day  to  day. 

And  may  be  authorized  to  compel  the  attendance  of  absent 
members.  \i  power  to  compel  the  attendance  of  absent  mem- 
bers were  not  given  to  such  members  as  may  be  present,  the 
whole  business  of  legislation  might  be  suspended  or  blocked 
at  the  pleasure  of  indifferent  or  unduly  influenced  absentees. 

In  such  manner  and  under  such  penalties  as  each  House 
may  provide.  Without  some  penalty  for  disobedience,  no 
command  can  be  enforced.  For  this  reason,  power  is  given 
to  each  House  to  provide  for  the  punishment  of  any  of  its 
members  who  may  neglect  or  refuse  to  obey  a  summons  to 
attend, 

2.  Each  House  may  determine  the  rules  of  its  proceedings. 
Without  rules  of  uniform  procedure,  business  cannot  be  trans- 
acted with  order  and  despatch.  Every  deliberative  body  is 
the  best  judge  of  the  rules  and  regulations  requisite  for  the 
proper  conduct  of  its  own  business;  and  in  this  provision,  the 
Constitution  but  affirms  a  right  possessed  by  all  deliberative 


122  CIVIL  GOVERNMENT. 

bodies.  Such  rules  must  not,  of  course,  conflict  with  any  of 
the  provisions  of  the  Constitution. 

Punish  its  members  for  disorderly  behavior.  Rules  might 
prove  of  no  effect,  were  there  no  power  to  punish  their  infrac- 
tion. In  times  of  high  excitement  men  are  apt  to  give  vent 
to  their  feelings  in  unconsidered  language  and  tumultuous 
conduct.  This  might  lead,  and  has  led,  to  the  stoppage  of 
business  and  the  loss  of  dignity  on  the  part  of  the  House. 
Such  occurrences  would  be  much  more  frequent,  were  it  not 
for  this  power  to  enforce  obedience  to  rules  by  imposing 
punishments  for  their  violation. 

And,  with  the  concurrence  of  two-thirds,  expel  a  member. 
This  defines  the  extreme  punishment  which  may  be  laid  by 
either  House  for  the  violation  of  its  rules  or  the  disregard 
of  its  decorum.  But  that  it  may  not  be  possible  for  this 
penalty  to  be  inflicted  through  prejudice  or  taken  advantage 
of  for  partisan  purposes,  a  two-thirds  vote  is  required  for  the 
expulsion  of  a  member.  It  would  be  exceedingly  difficult  to 
secure  such  a  vote,  except  in  case  of  the  most  patent  delin- 
quency or  the  grossest  misbehavior. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as 
may,  in  their  judgment,  require  secrecy;  and  the  yeas  and 
nays  of  the  members  of  either  House  on  any  question  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal.  The  efi'ect  of  this  clause  is  to  put  the  members  of 
each  House  on  record  before  the  people,  by  showing  how  their 
votes  were  cast  on  important  measures.  This  enables  the 
voters  to  know  what  their  Senators  and  Representatives  are 
doing  on  their  behalf,  and  aids  them  in  determining  whether 
they  shall  again  return  the  same  members  to  Congress  or 
replace  them  by  diff"erent  men. 


ARTICLE  I.  123 

Also,  and  primarily,  this  provision  is  for  the  benefit  of  the 
two  Houses,  in  order  that  they  may  have  a  record  of  their 
past  transactions,  to  which  they  can  refer,  from  time  to  time, 
as  occasion  arises. 

As  there  are  proceedings  the  immediate  publication  of 
which  might  be  highly  imprudent,  especially  in  time  of  war, 
or  as  affording  opportunity  for  pernicious  speculation,  each 
House  is  left  free  to  withhold  such  portions  of  their  transac- 
tions as,  in  their  judgment,  require  secrecy. 

On  the  whole,  these  provisions  impose  a  most  salutary  re- 
straint on  Congress  and  provide  a  very  valuable  safeguard 
for  the  interests  of  the  people. 

4.  Neither  House,  duritig  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two  Houses 
shall  be  sitting. 

It  is  conceivable  that,  but  for  this  provision,  differences 
and  disputes  might  arise  between  the  two  Houses,  which  would 
lead  one  of  them  to  adjourn  to  such  a  time  as  to  so  interrupt 
legislation  as  to  render  it  abortive;  or,  from  time  to  time,  to 
such  places  as  would  compel  the  other  House  to  follow  it  all 
over  the  country,  to  the  embarrassment  of  public  affairs  and 
the  loss  of  dignity  on  the  part  of  Congress. 

It  may  be  here  noticed  that  the  word,  "session",  as  used  in 
relation  to  Congress,  has  two  meanings :  one,  as  here  used, 
meaning  from  the  time  when  Congress  first  meets  to  the  time 
of  its  final  adjournment;  and  the  other,  from  the  time  when 
the  members  meet  on  one  day  to  the  time  of  their  adjournment 
on  the  same  day. 

Section  6. 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and  paid 


124  CIVIL  GOVERNMENT. 

out  of  the  Treasury  of  the  United  States.  The  present  com- 
pensation of  the  members  of  both  Houses  is  the  same,  $7500 
per  annum,  and  travel  fees,  or  mileage,  of  $8  for  each  twenty 
miles  of  necessary  travel  in  going  to  and  returning  from  their 
homes.  In  addition  to  this,  each  member  receives  a  yearly 
allowance  of  $1200  for  clerk  hire,  and  one  of  $125  for  sta- 
tionery. Congressmen  are  also  privileged  to  the  free  use  of 
the  mails;  this  is  called  the  franking  privilege.  The  amount 
of  the  salaries  of  Senators  and  Representatives  is  fixed  on  the 
theory  that  these  offices  are  of  such  high  honor,  and  patriotic 
opportunity,  that  the  services  rendered  in  them  are  not  to  be 
measured  by  a  money  payment;  yet  that  no  person  should  be 
compelled  to  decline  them,  and  thus  withhold  his  services 
from  the  public  welfare  by  reason  of  his  financial  inability  to 
live  comfortably  while  so  serving. 

They  shall,  in  all  cases  except  treason,  felony,  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  houses,  and  in  going  to  and 
returning  from  the  same.  Since  the  abolition  of  imprisonment 
for  debt,  this  provision  of  the  Constitution  does  not  possess 
its  former  importance.  Its  theory  is,  that  as  public  affairs  are 
always  to  be  preferred  to  private  interests,  no  member  of 
Congress  ought  to  be  arrested,  and  thus  prevented  from  per- 
forming his  public  duties,  except  for  crime.  This  immunity  is 
limited,  however,  to  the  time  when  such  members  are  actually 
engaged  in  the  discharge  of  their  duties.  A  similar  provision 
is  made  in  the  several  States  for  the  members  of  their  legis- 
latures, and  by  the  law-making  bodies  of  foreign  countries, 
for  theirs. 

And  for  any  speech  or  debate  in  either  House,  they  shall 
not  be  questioned  in  any  other  place.  The  force  of  this  pro- 
vision is,  that  a  member  of  either  House  may  not  be  called  to 


ARTICLE  I.  125 

account  before  the  courts  for  any  utterance  on  the  floor  of  the 
House.  If  this  were  not  so,  members  might  be  restrained  from 
the  frank  expression  of  their  opinions  or  the  full  statement  of 
their  knowledge  by  the  fear  of  being  harassed  in  the  courts 
by  actions  for  slander,  being  summoned  as  witnesses,  and  the 
like.  While  this  privilege  is  liable  to  some  abuse,  yet  it  is  an 
immunity  of  high  and  necessary  importance;  for  entire  free- 
dom of  discussion  is  essential  to  the  intelligent  and  responsible 
action  of  any  legislative  body. 

2,  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  axithority  of  the  United  States  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been  increased, 
during  such  time;  and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either  House  during  his 
continuance  in  office. 

The  objects  of  this  provision  are: 

First.  To  prevent  any  member  of  Congress,  during  the 
term  for  which  he  shall  have  been  chosen,  from  deriving  the 
benefit  of  any  office  in  whose  erection  he  shall  have  assisted, 
or  of  any  office  already  in  existence,  whose  emoluments  he 
shall  have  helped  to  increase.  This  is  a  very  necessary  pro- 
vision to  guard  against  corrupt  bargains  on  the  part  of  mem- 
bers of  either  House  of  Congress. 

Second.  To  prevent  the  General  Government  from  ac- 
quiring undue  influence  in  the  legislative  councils  of  the 
country,  by  having  its  officers  take  part  in  making  the  laws 
for  its  direction.  This  clause  applies  to  such  officers  of  the 
United  States  only  during  their  continuance  in  such  employ. 
They  may  resign  their  office  under  the  United  States,  and  are 
then  eligible  for  election  to  seats  in  Congress.     In  this  con- 


126  CIVIL  GOVERNMENT. 

nection,  it  may  be  noted  that  neither  Senators  nor  Represen- 
tatives in  Congress  are  officers  of  the  United  States  within  the 
meaning  of  the  Constitution. 

Section  7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives.  In  the  United  States,  as  in  England  and 
most  other  countries,  all  revenue  bills  must  originate  in  the 
popular  branch  of  the  legislative  assembly.  This  provision 
embodies  the  principle  which  led  directly  to  the  Revolution 
—  no  taxation  without  representation.  It  is  one  of  the  most 
important  of  all  the  provisions  contained  in  the  Constitution; 
for  it  insures  to  the  people  control  of  their  government.  All 
departments  of  government  must  be  powerless,  if  the  people, 
through  their  House  of  Representatives,  do  not  furnish  funds, 
raised  by  means  of  revenue  bills,  to  be  apportioned  by  con- 
gressional legislation.  The  power  of  the  purse  is  the  power 
of  government. 

But  the  Senate  may  propose  or  concur  with  amendments,  as 
on  other  bills.  By  this  qualification  of  the  power  of  the  House 
of  Representatives,  in  relation  to  bills  for  raising  revenue,  the 
Senate  is  given  the  power  to  treat  such  bills  as  though  they 
had  taken  their  origin  within  its  own  body.  The  Senate  may 
propose  amendments  to  revenue  bills,  concur  with  amend- 
ments, or  reject,  in  whole  or  in  part,  such  proposed  bills.  This 
is  in  the  nature  of  a  check,  or  safeguard,  against  the  abuse  of 
the  power  granted  to  the  other  House.  Many  such  checks 
and  safeguards  between  the  different  branches  and  depart- 
ments of  government  are  provided  by  the  Constitution.  In- 
deed, that  instrument  provides  for  a  most  wonderful  system  of 
checks  and  balances. 


ARTICLE  I.  127 

If  one  branch  of  the  Congress  passes  a  bad  bill,  the  other 
branch  may  amend  it,  or  reject  it  altogether.  If  both  Houses 
unite  in  passing  such  a  bill,  the  President  may  veto  it.  If  the 
President  vetoes  a  desirable  or  necessary  bill,  the  Congress 
may,  by  a  two-thirds  vote,  pass  it  over  his  veto.  If  the  Presi- 
dent, or  other  civil  officer,  violates  his  oath  of  office  or  the 
laws  of  the  land.  Congress  may  impeach  and  remove  him ; 
while,  if  a  member  of  either  House  of  Congress  becomes 
criminal  or  corrupt,  the  House  to  which  he  belongs  may  expel 
him.  If  a  bill  transcending  the  legislative  power  be  enacted, 
the  Supreme  Court  may  declare  it  unconstitutional;  and,  if 
the  people  are  dissatisfied  with  such  decision,  they  may  amend 
the  Constitution.  Such  examples  might  be  almost  indefinitely 
multiplied :  they  serve  to  show  the  wonderful  harmony  and 
balance  of  the  form  of  government  under  which  we  live. 

2.  Every  bill  which  shall  have  passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  become  a  lata,  be 
presented  to  the  President  of  the  United  States.  As  it  would 
not  be  feasible  to  submit  every  bill  passed  by  Congress  to  the 
people  for  their  decision  as  to  whether  or  not  it  ought  to  be- 
come a  law,  the  Constitution  provides  that  all  such  bills  (or 
drafts  of  laws)  shall  be  submitted  to  the  President,  as  the  chief 
minister  of  the  people,  for  his  approval  or  disapproval. 

//  he  approve,  he  shall  sign  it.  If  the  President  signify  his 
approval  of  a  proposed  law,  so  submitted  to  him  by  Congress, 
by  signing  it,  it  at  once  becomes  a  part  of  the  law  of  the  land. 

Bnt,  if  not,  he  shall  return  it,  with  his  objections,  to  that' 
House  in  which  it  shall  have  originated.  The  President's 
formal  disapproval  of  bills  passed  by  Congress  is  called  his 
veto  (from  the  Latin  word  veto,  meaning,  I  forbid.).  This  is 
a  most  salutary  check  on  hasty  and  ill-considered  legislation. 
The  President  must  not  only  show  his  disapproval  of  such  a 


128  CIVIL  GOVERNMENT. 

bill  by  refusing  to  sign  it ;  but  he  must  return  It  to  that  House 
in  which  it  originated,  with  his  reasons  for  objecting  to  it. 
This  course  enables  the  people  and  their  representatives  in 
Congress  to  judge  of  the  President's  wisdom  in  rejecting  the 
proposed  law,  and  serves  as  a  check  on  the  President  himself, 
preventing  him  from  rejecting  good  bills  from  mere  whim,  or 
for  party  or  other  advantage. 

Who  shall  enter  the  objections  at  large  on  their  journal. 
In  order  that  such  objections  may  be  matters  of  public  record, 
easily  accessible  for  reference. 

And  proceed  to  reconsider  it.  The  objections  of  the  Presi- 
dent may  be  of  such  a  nature  that  they  can  be  met  by  some 
alteration  of  the  bill  as  originally  proposed,  or  by  the  supply 
of  some  omission;  or,  it  may  be  that  the  House  in  which  the 
bill  originated  will  see  fit  to  pass  it  over  the  President's  veto, 
in  the  manner  prescribed  in  the  sentence  next  following  in  this 
clause  of  the  Constitution. 

If,  after  such  reconsideration,  two-thirds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  House.  After  careful  consideration  and 
mature  deliberation,  it  may  appear  to  the  House  of  Congress 
in  which  such  bill  originated,  that  the  objections  of  the  Presi- 
dent were  not  well  taken.  In  this  event,  if  two-thirds  (not  a 
simple  majority,  as  on  the  first  passage  of  a  bill)  of  the  mem- 
bers present  are  still  in  favor  of  its  passage,  they  may,  after  a 
vote  has  again  been  taken,  send  it,  together  with  the  objections 
of  the  President  to  the  other  House  for  final  action. 

By  which  it  shall  likewise  be  reconsidered.  The  presiden- 
tial office  is  held  in  such  high  respect,  that  the  Constitution 
provides  that  the  President's  objections  to  a  bill  can  only  be 
disregarded  after  a  full  and  mature  consideration  by  both 
Houses  of  Congress,  of  those  objections,  and  an  equally  full 


ARTICLE  I.  129 

and  careful  reconsideration  of  the  bill  to  which  they  apply. 

And,  if  approved  by  tivo-ihirds  of  that  House,  it  shall  be- 
come a  law.  The  framers  of  the  Constitution  thus  provided 
that,  after  a  bill  has  been  passed  by  a  majority  of  both  Houses 
of  Congress,  then  reconsidered  in  connection  with  the  Presi- 
dent's objections  to  it,  and  finally,  after  debate  and  discussion, 
passed  by  a  two-thirds  vote  of  each  House  of  Congress  —  it 
shall  become  a  law.  It  is  reasonable  to  suppose  that  there  is 
more  collective  wisdom  in  such  action  by  two  Houses  of  chosen 
representatives  than  there  is  in  the  judgment  of  any  single 
man,  however  eminent  in  ability  and  patriotism. 

But,  in  all  such  cases,  the  votes  of  both  Houses  shall  be  de- 
termined by  yeas  and  nays;  and  the  names  of  the  persons 
voting  for  and  against  the  bill  shall  be  entered  on  the  journal 
of  each  House  respectively.  The  passage  of  a  bill  over  the 
veto  of  the  President  is  a  matter  of  so  much  gravity  and  im- 
portance that  it  is  to  be  effected  only  with  the  greatest  for- 
mality and  the  greatest  care  to  guard  against  mistakes. 

In  Congress,  as  in  other  deliberative  bodies,  a  vote  is  usually 
taken  in  the  following  manner: — 

The  President,  Speaker,  or  other  presiding  officer,  after  the 
object  of  the  vote  has  been  stated,  says,  in  substance,  "All 
who  are  in  favor,  say  aye."  In  response  to  this,  those  who  are 
in  the  affirmative  say  aye.  He  then  proceeds  to  put  the  ques- 
tion negatively,  saying,  "Those  opposed,  say  no,"  and  the 
members  respond  in  like  manner.  If  the  presiding  officer  is 
unable  to  determine  in  this  manner  whether  or  not  the  bill 
or  resolution  has  passed,  he  may  direct  the  voters  to  divide 
into  two  separate  parties,  so  that  their  respective  numbers 
may  be  counted. 

But  there  are  cases  in  which  the  number  of  voters  is  so 
evenly  divided;  or,  like  the  matter  under  present  considera- 

10 


130  CIVIL  GOVERNMENT. 

tion,  of  so  great  Importance,  that  a  more  solemn  and  certain 
method  of  deciding  the  question  and  recording  the  result  is 
necessary.  In  such  cases,  the  names  of  the  individual  members 
or  voters  are  called  aloud,  usually  alphabetically.  At  the  call 
of  his  name,  each  member  rises,  and  records  his  vote  by  saying 
yea  or  nay,  as  the  case  may  be.  The  clerk,  or  secretary,  notes 
the  vote  of  each  voter  after  his  name.  When  all  have  so 
voted,  the  clerk  reads  aloud  the  name  and  the  vote  of  each 
member,  or  voter,  in  order  that  any  mistakes  may  be  corrected. 
This  method  shows  who,  of  the  members  or  voters,  are  present 
and  who,  absent;  and  results  in  a  permanent  and  certain 
record  of  the  transaction,  which  record  is  always  available  for 
reference  or  information.  The  constituents  of  a  member  of 
Congress  have  the  right  to  know  how  he  votes  on  important 
occasions  and  important  questions,  and  this  is  shown  by  the 
journal. 

//  any  bill  shall  not  be  returned  by  the  President  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  laiv  in  like  manner  as  if  he 
had  signed  it.  It  may  be  that  a  bill  is  of  such  a  nature,  or  is 
so  drawn,  that  the  President  is  unwilling  to  give  it  his  positive 
approval;  yet  his  objections  to  the  bill  are  not  sufficiently 
serious  to  impel  him  to  return  it  to  the  House  in  which  it 
originated,  with  his  veto.  In  such  case,  the  Constitution  pro- 
vides, in  this  clause,  that  if  the  President  take  no  action  during 
ten  week  days,  the  bill  shall  become  a  law  in  like  manner  as 
though  he  had  signed  it. 

Unless  the  Congress,  by  their  adjournment,  prevent  its 
return;  in  which  case  it  shall  not  be  a  law.  Were  it  not  for 
this  proviso,  it  would  be  possible  for  Congress  to  completely 
nullify  the  President's  power  of  veto  by  the  simple  expedient 
of  an  adjournment  for  a  few  days.     It  is,  therefore,  provided 


ARTICLE  /.  131 

that  if  Congress,  by  their  adjournment,  prevents  the  return 
of  any  bill  or  bills  by  the  President,  such  shall  not  become 
laws. 

The  usual  course  of  a  bill  through  Congress  is  as  follows: — 
After  the  introduction  of  the  bill,  which  introduction  may 
be  by  any  member,  with  the  consent  of  the  House;  by  order 
of  the  House;  or  on  the  report  of  a  standing  or  select  com- 
mittee,—  the  bill  is  read  aloud  on  three  several  days  (a  bill 
may  be  read  more  than  once  on  the  same  day,  by  special  per- 
mission of  the  House),  during  which  time  it  is  discussed  and 
debated,  and  may  be  amended.  It  is  then  put  to  vote.  H  the 
proposed  measure  receive  a  majority  of  the  votes  of  those 
members  present,  it  is  signed  by  the  presiding  officer  of  that 
House  and  sent  to  the  other  House,  for  its  action.  \i  the 
second  House,  in  like  manner,  passes  the  bill,  without  amend- 
ment, it  is  also  signed  by  the  presiding  officer  of  that  House, 
and  sent  to  the  President  of  the  United  States  for  his  approval 
or  disapproval.  If,  however,  the  second  House  attaches 
amendments  to  the  bill,  such  amendments  must  be  sent  to  the 
House  proposing  the  bill  for  the  approval  or  disapproval  of 
that  House.  Either  House  may  concur  in  amendments  to  a 
bill,  proposed  by  the  other  House;  may  reject  such  amend- 
ments; or  may  reject  the  bill  as  a  whole.  The  President  has 
no  power  to  amend  or  alter  any  bill. 

3.  Every  order,  resolution,  or  vote,  to  which  the  concur- 
rence of  the  Senate  and  House  of  Representatives  may  be 
necessary  (except  on  a  question  of  adjournment),  shall  be 
presented  to  the  President  of  the  United  States,  and,  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or,  being 
disapproved  by  him,  shall  be  re -passed  by  two-thirds  of  the 
Senate  and  House  of  Representatives,  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a  bill. 


132  CIVIL  GOVERNMENT. 

An  order,  a  resolution,  or  a  vote,  is  very  similar  to  a  bill, 
but  more  simple  in  form.  The  former  usually  begin,  "Be  it 
resolved,"  or  "ordered"  ;  while  the  latter  begins  with  the  words, 
"Be  it  enacted."  Orders,  resolutions,  and  votes,  like  bills, 
become  laws  when  concurred  in  by  both  Houses  of  Congress 
and  approved  by  the  President  of  the  United  States;  or,  after 
the  lapse  of  the  required  time  without  his  approval;  or  in  the 
event  of  their  passage  by  a  two-thirds  vote  of  both  Houses, 
over  the  President's  veto.  If  it  were  not  for  this  provision  of 
the  Constitution,  Congress  might  effect  substantial  legislation 
in  these  forms,  in  disregard  of  the  President's  power  of  veto, 
and  by  a  majority  instead  of  by  the  required  two-thirds  vote 
of  each  House.  Orders,  resolutions,  and  votes,  are  subject 
to  the  same  formal  requirements  of  passage  and  approval  as 
are  acts  passed  in  the  ordinary  form  of  legislation. 


CHAPTER  VI. 

ARTICLE  I.   OF  THE  CONSTITUTION. 

Section  8. 

The  Congress  shall  have  power, — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises. 
Without  money  with  which  to  pay  its  necessary  expenses,  gov- 
ernment could  not  be  carried  on.  For  this  reason,  the  first 
power  granted  to  Congress  (after  the  manner  in  which  laws 
may  be  passed,  is  prescribed)  is,  the  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises.  But,  by  the  5th  clause 
of  section  9  of  this  Article,  no  export  duties  may  be  imposed. 
Taxes  are  rates  or  sums  of  money  assessed  by  the  government, 
for  the  use  of  the  Nation,  or  by  the  States,  for  public  uses,  on 
the  persons  or  the  property  of  citizens.  Duties  are  sums  of 
money  required  by  government  to  be  paid  on  the  importa- 
tion, exportation,  or  consumption  of  goods.  Imposts,  or  cus- 
toms, are  duties  or  taxes  laid  by  government  on  goods  im- 
ported into  the  country.  Excises  are  inland  duties  or  imposts 
laid  on  articles  produced  or  consumed  within  the  country;  as, 
the  excise  tax  on  liquor,  tobacco,  and  the  like. 

To  pay  the  debts.  In  time  of  war,  and  sometimes  in  time  of 
peace,  the  ordinary  revenues  of  the  country  are  insufficient  to 
meet  the  unavoidable  expenses  of  the  government.  This  leads 
to  the  necessity  of  borrowing  money  and  incurring  debt.  If 
Congress  were  not  able  to  raise  by  taxation  the  money  where- 
with to  pay  such  loans  and  debts,  it  would  be  impossible  to 
find  either  lenders  or  creditors;  and  the  government  might  be 
overwhelmed  or  might  fall  to  pieces. 


134  CIVIL  GOVERNMENT. 

And  provide  for  the  common  defence  and  general  welfare, 
of  the  United  States.  This  is  a  most  comprehensive  provision ; 
and  under  it  almost  unlimited  powers  are  given  to  Congress 
for  the  raising  of  money  by  taxation  and  its  expenditure  at 
discretion.  Without  the  power  to  protect  itself  from  domestic 
discontent  and  foreign  aggression,  the  country  might,  and 
probably  would,  fall  a  prey  to  contending  factions  or  to  in- 
vading nations.  Provision  for  the  general  welfare  of  its  citi- 
zens is  a  prime  requisite  to  every  enduring  government.  Of 
all  governments,  a  free  government  must  be  built  upon  the 
prosperity  and  general  welfare  of  its  citizens.  No  clause  in 
the  Constitution  is  more  wide-reaching  and  beneficial  in  its 
effects  and  more  all-embracing  in  its  purposes  than  is  this. 

But  all  duties,  imposts,  and  excises  shall  be  uniform 
throughout  the  United  States.  To  be  just,  taxation  must  be 
even-handed.  Congress  is  here  required  to  be  impartial  in 
imposing  taxation,  and  to  show  equal  favor  to  every  State 
and  to  all  portions  of  the  United  States. 

2.  To  borrow  money  on  the  credit  of  the  United  States. 
In  the  last  clause  of  the  Constitution,  Congress  was  given 
power  to  pay  the  debts  of  the  United  States.  In  this  clause, 
they  are  given  the  power  to  contract  loans  on  the  credit  of  the 
nation.  How  necessary  is  this  provision,  is  shown  by  the  fact 
that  during  the  late  civil  war  the  expenses  of  the  government 
were  three  thousand  millions  more  than  it  was  able  to  raise 
during  that  period  by  taxation.  Had  it  not  been  for  this 
power  to  borrow  money  on  the  national  credit,  the  Union 
must  have  been  disrupted. 

3.  To  regulate  commerce  with  foreign  nations.  If  this 
power  had  been  left  to  the  several  States,  the  most  serious  em- 
barrassments would  have  arisen  from  opposing  interests  and 
conflicting  laws.     Pursuit  by  each  State  of  its  own  supposed 


ARTICLE  I.  135 

advantage,  in  jealousy  and  disregard  of  the  rights  and  needs 
of  other  States,  would  soon  have  led  to  retaliation,  and  event- 
ually, to  disunion. 

And  among  the  several  States.  The  growth  of  commerce, 
manufactures,  and  transportation;  the  being  or  non-being  of 
cities  and  towns ;  and  the  continued  prosperity  of  the  different 
sections  of  the  country  and  of  the  country  as  a  whole,  depend 
very  largely  upon  the  manner  in  which  Congress  wields  the 
power  given  by  these  five  small  words  —  words  of  all  the 
words  in  the  Constitution  among  the  most  vital  and  important. 
Unless  inter-state  commerce  be  wisely  fostered  and  judi- 
ciously and  impartially  regulated:  commerce  must  languish; 
communities  be  stifled  in  their  growth,  or  else  inordinately 
fattened  at  the  expense  of  other  communities ;  and  the  wealth 
and  property  of  the  nation  pass  into  the  hands  of  a  favored 
and  unscrupulous  few,  who,  in  unrestrained  control  and  exer- 
cise of  the  means  of  production  and  transportation  of  the 
country,  will  batten  on  the  nation's  very  heart-blood.  It  is 
hardly  putting  it  too  strongly,  to  say  that  the  success  of  our  re- 
publican form  of  government  is  wrapped  up  in  the  wise  regu- 
lation of  the  commerce  between  the  States. 

Within  recent  years,  the  construction  and  application  of  this 
clause  has  overshadowed  in  importance  almost  every  other 
provision  of  the  Constitution.  Under  it  are  sought  to  be 
regulated,  railroad  rates,  the  operations  of  trusts,  the  inspec- 
tion of  packing-house  products,  the  adulteration  of  foodstuffs 
and  medicines,  and  the  like.  But  it  must  be  kept  in  mind  that 
Congress  has  no  control  over  commerce  arising  and  terminat- 
ing within  any  single  State. 

And  with  the  Indian  tribes.  This  provision  was  made  for 
Ihe  protection  of  the  Indians  from  the  varying  restrictions  of 
different  States ;  and,  as  well,  from  the  greed  of  unscrupulous 


136  CIVIL  GOVERNMENT. 

traders  who  would  prey  upon  their  ignorance  and  their  weak- 
nesses. The  Indians  have  become,  in  effect,  wards  of  the 
Government,  by  whom  they  are  protected  and,  where  neces- 
sary, cared  for. 

4.  To  establish  a  uniform  rule  of  naturalization.  As  the 
citizens  of  each  State  are  citizens  of  the  United  States,  and, 
as  such,  entitled  to  all  the  rights  and  privileges  of  the  citizens 
of  every  other  State,  it  is  obvious  that  it  would  work  injustice 
if  the  qualifications  for  citizenship  on  the  part  of  aliens  were 
not  uniform  throughout  the  country. 

The  requirements  of  the  Naturalization  Act  are :  that  a  per- 
son must  have  resided  within  the  country  for  at  least  five 
years  before  he  can  become  a  citizen  (but  not  a  soldier  or 
a  sailor  honorably  discharged  from  the  service  of  the  United 
States)  ;  that  at  least  two  years  before  naturalization  can  be 
granted,  he  must  have  made  an  oath  before  a  court  of  compe- 
tent jurisdiction  that  it  is  his  bona-fide  intention  to  become  a 
citizen  of  the  United  States;  and  that  he  must  take  the  oath 
of  allegiance  to  the  United  States.  Before  he  is  permitted  to 
take  this  oath,  he  must  present  to  the  court  granting  the  cer- 
tificate of  citizenship,  the  oaths  of  witnesses  as  to  his  five  years 
residence,  his  good  character  and  conduct,  and  his  behavior 
as  one  attached  to  the  principles  of  the  Constitution  of  the 
United  States.  When  all  these  requirements  have  been  satis- 
factorily complied  with,  the  court  grants  him  a  certificate  of 
citizenship.  A  naturalized  citizen  is,  before  the  law,  entitled 
to  all  the  rights  and  privileges  of  a  natural-born  citizen. 

On  the  naturalization  of  an  alien,  his  children  under 
twenty-one  years  of  age,  residing  in  this  country,  become, 
without  other  formality,  citizens  of  the  United  States. 

The  wife  and  children  of  an  alien  who  has  declared  (before 
a  court  of  competent  jurisdiction)   his  intention  of  becoming 


ARTICLE  I.  137 

a  citizen,  but  dies  before  taking  out  his  certificate  of  citizen- 
ship, may  become  citizens  by  taking  the  necessary  oath. 

And  uniforni  laws  on  the  subject  of  bankruptcies,  through- 
out the  United  States.  The  object  of  bankruptcy  law  is, 
to  relieve  debtors  who  are  honestly  unfortunate  from  the 
burden  of  their  debts,  upon  the  surrender  to  their  creditors 
of  all  their  property.  As  the  people  of  the  several  States 
may  have  mutual  relations  as  debtors  and  creditors,  it  is  evi- 
dent that  laws  governing  the  absolute  cancellation  and  dis- 
charge of  indebtedness  must  be  uniform  throughout  the  land, 
in  order  to  obviate  favoritism  and  injustice;  and  that  these 
functions  must  be  in  the  hands  of  the  General  Government, 
and  not  in  the  hands  of  the  individual  States,  which  are,  else- 
where in  the  Constitution,  prohibited  from  passing  laws  im- 
pairing the  obligations  of  contracts. 

Under  the  National  Bankruptcy  Law,  any  person  (except 
a  corporation)  who  owes  debts  may  procure  his  discharge 
from  such  indebtedness  (except  certain  classes  of  debts,  as 
those  incurred  fraudulently,  and  the  like)  by  surrendering 
for  the  benefit  of  his  creditors  all  of  his  property  not  subject 
to  exemptions,  in  the  manner  prescribed  by  law  and  under  the 
direction  of  the  United  States  courts. 

And  any  person  (except  a  wage-earner  or  a  farmer),  and 
most  corporations,  who  owe  one  thousand  dollars  or  more  and 
neglect  or  refuse  to  pay  the  same,  may  be  petitioned  into  in- 
voluntary bankruptcy  by  three  or  more  creditors  whose  claims 
aggregate  not  less  than  five  hundred  dollars. 

5.  To  coin  money.  This  is  one  of  the  prerogatives  inher- 
ent in  sovereignty.  As  money  is  the  measure  of  value  of  all 
articles  subject  to  sale,  it  is  obvious  that,  to  facilitate  business 
transactions,  such  coinage  must  be  in  the  hands  of  the  central 


138  CIVIL  GOVERNMENT. 

government,  and  not  subject  to  various  standards  fixed  by 
forty-five  or  more  separate  States. 

Regulate  the  value  thereof.  This  gives  the  Federal  gov- 
ernment power  to  require  that  all  money  coined  by  it  shall  be 
legal  tender  for  the  payment  of  debts  throughout  the  United 
States.  The  reason  for  this  is  evident;  for  it  would  be  almost 
impossible  to  transact  the  ordinary  business  of  life,  if,  when  a 
debt  has  been  incurred,  there  were  no  rule  for  its  discharge 
other  than  the  arbitrary  demand  of  the  creditor  or  the  equally 
arbitrary  proffer  of  the  debtor. 

Coins  of  the  United  States  are  made  of  a  uniform  fineness, 
or  alloy,  and  each  coin  is  stamped  by  the  government  with  its 
exact  value  as  fixed  by  law. 

And  of  foreign  coin.  The  value  of  foreign  coins  is  de- 
termined by  finding  how  much  gold  or  silver  they  contain. 

And  fix  the  standard  of  weights  and  measures.  This  power 
is  granted  to  Congress  on  the  same  theory  that  the  power 
to  coin  money  and  regulate  its  value  is  granted.  It  is  self- 
evident  that  uniformity  of  weights  and  measures  in  the  sev- 
eral States  would  greatly  facilitate  commerce  between  the 
several  States  and  with  foreign  countries.  However,  Con- 
gress has  never  exercised  this  power,  and  each  State  is  free 
to  regulate  its  own  weights  and  measures. 

6.  To  provide  for  the  punishment  of  counterfeiting  the  se- 
curities and  current  coin  of  the  United  States. 

Without  this  power  to  punish  counterfeiting,  the  last  clause 
of  the  Constitution  would  be  valueless  and  without  effect. 
The  country  would  soon  be  overrun  with  false  coins  and  to- 
kens, and  the  values  of  the  coins  made  by  the  government,  and 
of  articles  of  sale  measured  by  that  coin,  would  be  of  uncer- 
tain worth. 

7.  To  establish  post-offices  and  post-roads. 


ARTICLE  I.  139 

Of  all  the  functions  of  our  Government,  the  postal  service  is 
that  which  comes  oftenest  and  closest  home  to  every  citizen. 
Men  may,  and  do,  go  through  life  without  ever  seeing  or  com- 
ing in  contact  with  any  soldier,  sailor,  or  servant  of  the  other 
departments  of  government;  but  the  post-master  (and  the 
post-office)  is  familiar  to  every  inhabitant  of  the  country,  and 
is,  to  many,  the  only  tangible  evidence  of  the  existence  of  the 
general  government.  On  the  prompt  and  systematic  conduct 
of  the  postal  service,  depends,  in  a  large  measure,  the  com- 
merce and  business  of  the  country;  and,  as  well,  the  frequent, 
safe,  and  secret  communication  between  friends  and  relatives. 
In  many  foreign  countries,  the  telegraph,  telephone,  and  ex- 
press systems  are  administered  by  the  post-office  departments ; 
and  it  is  not  impossible  that  this  will  eventually  be  the  case 
in  this  country. 

8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times,  to  authors  and  inventors,  the  ex- 
clusive right  to  their  respective  writings  and  discoveries. 

In  this  clause,  the  framers  of  the  Constitution  recognized 
the  truth  that  a  person  is  entitled  to  a  right  of  property  in  the 
products  of  his  brain,  as  well  as  in  the  work  of  his  hands  and 
the  returns  from  his  business  sagacity.  By  this  provision, 
Congress  is  given  the  power  to  grant  and  to  regulate,  patents 
for  inventions  and  discoveries,  and  copyrights  for  writings 
and  other  compositions.  ,  But,  as  inventions,  discoveries,  and 
original  compositions,  are  considered  to  be  matters  of  public 
interest  and  concern, —  these  are  placed  upon  a  somewhat  dif- 
ferent plane  from  ordinary  property.  Exclusive  right  to  and 
in  them  is  only  given  to  their  authors  or  originators,  on  cer- 
tain conditions  and  for  limited  terms.  It  is  not  just  that  the 
discoverer  of  some  great  and  useful  fact  or  knowledge,  by 
which  the  well-being  of  all  humanity  and  of  future  genera- 


140  CIVIL  GOVERNMEN'l. 

tions  may  be  affected,  should  be  able  at  his  whim  or  in  his 
greed  to  withhold  and  control  such  discovery  or  knowledge 
from  the  service  of  humanity  forever;  or  that  himself,  his 
heirs  and  assigns,  should  be  able  perpetually  to  exact  an  in- 
ordinate price  for  the  use  of  the  product  of  his  intellect. 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court. 
This  provision  is  supplemental  to  that  creating  the  Supreme 

Court  (Art.  IIL-l.-l.),  and  can  best  be  considered  when 
treating  of  that  tribunal. 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas.  The  acts  constituting  piracy  are  defined  by 
the  Statute  of  Piracy.  In  general,  piracy  may  be  said  to  be 
organized  robbery  and  depredations  committed  on  the  high 
seas.  It  is  an  offence  against  organic  society,  so  grave  that 
it  is  visited  by  the  severest  punishments.  A  pirate  is  consid- 
ered to  be  beyond  the  pale  of  society  and  without  the  protec- 
tion of  its  laws.  Owing  to  the  progress  of  society,  the  in- 
vention of  the  sub-marine  cable,  the  increased  power  of  artil- 
lery, the  use  of  steam  for  the  propulsion  of  vessels,  and  the 
united  action  of  all  civilized  governments  for  its  extermina- 
tion,—  piracy  has  practically  disappeared  from  the  seas,  ex- 
cept in  some  portion  of  the  Malay  archipelago  and  the  China 
seas. 

By  felony,  may  be  understood  any  grave  crime  committed 
against  the  persons  or  property  of  others;  and  by  high  seas, 
those  waters  of  the  ocean  which  are  three  miles  or  more  be- 
yond the  coast  lines  of  the  different  countries.  As  vessels  hail 
from  different  States  and  as  the  punishments  of  felonies  also 
vary  in  the  several  States, —  this  provision  of  the  Constitution 
places  the  jurisdiction  over  such  crimes,  when  committed  on 
the  high  seas,  in  the  hands  of  the  general  government,  in 
order  that  the  administration  of  justice  may  be  uniform  in 


ARTICLE  I.  141 

this  respect.  It  must  be  understood,  however,  that  pirates 
are  beyond  the  protection  of  any  country  and  are  subject  to 
the  jurisdiction  of  any  nation  who  may  apprehend  them. 

And  offenses  agaittst  the  law  of  nations.  This  power  on 
the  part  of  the  United  States,  to  punish  offences  against  the 
law  of  nations,  applies  only  to  its  own  citizens.  The  law  of 
nations  is  a  term  whose  scope  is  well  understood,  but  is  not 
susceptible  of  precise  definition.  It  may  be  said  to  consist  of 
the  acknowledged  rules  that  regulate  the  mutual  intercourse 
of  nations.  International  law  varies  from  time  to  time,  with 
a  constantly  growing  tendency  toward  the  dictates  of  human- 
ity and  the  requirements  of  equity.  All  nations  are  equally 
interested  in  its  enforcement;  and  a  failure  to  enforce  it  by 
any  government  against  its  citizens  or  a  neglect  to  observe  it 
by  the  nation  itself,  may  lead  to  war. 

11.  To  declare  war.  War  is  the  last  resort  of  nations.  Its 
declaration  is  of  such  solemn  and  momentous  import,  not  only 
to  the  nations  directly  involved,  but  to  the  world  at  large,  that 
this  high  prerogative  of  sovereignty  should  only  be  invoked 
after  all  other  remedies  have  failed,  and  then,  with  the  most 
careful  and  deliberate  formality.  As  it  would  be  impracti- 
cable to  submit  such  a  question  directly  to  the  people  for  their 
determination,  and  the  interests  involved  are  too  weighty  to 
be  decided  by  any  one  individual,  however  wise  and  prudent, 
—  this  great  power  has  been  judiciously  vested  in  both  Houses 
of  Congress. 

Grant  letters  of  marque  and  reprisal.  Letters  of  marque 
and  reprisal  constitute  a  commission  from  a  government 
authorizing  the  bearer,  in  time  of  public  hostilities,  to  pass 
beyond  the  limits  of  his  own  country  and  to  capture  as  prizes 
the  goods  and  persons  of  the  enemy.  The  more  usual  applica- 
tion of  the  term  is  to  marine  affairs  only.     In  former  days, 


142  CIVIL  GOVERNMENT. 

when  ships-of-war  were  of  much  the  same  size  and  construc- 
tion as  merchant-vessels,  it  was  the  custom  of  private  owners 
to  arm  and  equip  their  vessels  as  privateers,  for  the  purpose 
of  assistance  to  their  own  government  and  for  profit  from 
preying  upon  the  commerce  of  the  enemy.  In  the  present  day, 
through  agreements  and  understandings  between  the  principal 
civilized  governments,  privateers  are  no  longer  commissioned 
by  such  letters  of  marque  and  reprisal.  It  must  not  be  under- 
stood that  it  is  against  the  law  of  nations,  or  that  governments 
have  no  longer  the  right  to  do  this,  except  as  they  are  bound 
by  agreements  among  themselves ;  but  that  growing  feelings 
of  humanity  and  justice  are  more  and  more  leading  to  the 
exemption  of  persons  and  of  property  (excepting  contraband 
of  war)  of  non-combatants,  from  the  risks  of  war.  By  the 
rules  of  war,  private  property  on  land  is  no  longer  taken  with- 
out compensation,  or  destroyed,  except  in  cases  of  necessity ; 
and,  doubtless,  this  just  course  will  eventually  come  to  be  pur- 
sued in  regard  to  private  property  on  the  seas. 

And  make  rules  concerning  captures  on  land  and  zvater. 
Rules  are  necessary  for  governing  the  proceedure  in  relation 
to  captures  on  land  and  sea,  whether  made  by  private  individ- 
uals or  by  government  forces.  The  taking  of  private  property 
on  land  has,  as  has  been  noted,  been  practically  abrogated, 
except  in  cases  of  necessity  and  on  the  payment  of  a  just  com- 
pensation ;  but  on  the  sea,  the  case  is  different.  Here,  private 
vessels  of  the  enemy,  with  their  contents,  and  contraband  of 
war  in  neutral  bottoms,  are  still  subject  to  capture  and  seizure 
by  war  vessels  of  either  contending  party.  Cognizance  of  all 
cases  arising  from  such  captures  and  seizures  at  sea  is  before 
special  admiralty  courts  called  prize  courts. 

12.  To  raise  and  support  armies.  As  the  dignity  of  the 
Nation  and  the  maintenance  of  the  integrity  of  its  territory 


ARTICLE  I.  143 

may  at  any  time  compel  us  to  engage  in  war  with  other  coun- 
tries, it  is  an  essential  element  of  our  continued  existence  as  a 
nation,  that  power  to  raise  armies  be  lodged  in  the  govern- 
ment. And  as  a  necessary  correlary  of  this  authority,  power 
for  their  support  must  be  also  granted,  without  which,  armies 
could  not  be  maintained. 

But  no  appropriation  of  money  to  that  use  shall  be  for  a 
longer  term  than  two  years.  Popular  prejudice  in  this  country, 
against  standing  armies,  so  often  used  in  the  Old  World  to 
subvert  the  liberties  of  the  people,  has  always  been  very 
strong.  It  is  argued  that,  without  a  strong  army,  no  despot 
can  ever  rise  to  power.  As  long  as  the  people  retain  control 
of  the  money  by  which  armies  are  supported,  they  retain  con- 
trol of  the  armies  themselves.  By  this  proviso  of  the  Consti- 
tution, in  relation  to  the  support  of  armies,  Congress  is  pro- 
hibited from  appropriating  money  for  such  military  use,  except 
the  expenditure  of  that  money  be  limited  to  within  a  period 
of  two  years.  It  will  be  noticed  that,  as  the  term  of  member- 
ship in  the  House  of  Representatives  is  also  two  years,  the 
people  retain  to  themselves  the  power  to  change  the  entire 
personnel  of  the  House,  within  the  period  for  which  it  has 
power  to  vote  supplies  for  the  support  of  the  army.  In  prac- 
tice, appropriations  for  the  army  are  made  from  year  to  year. 

13.   To  provide  and  maintain  a  navy. 

The  geographical  position  of  our  country,  isolated  from 
efficacious  land-attack  at  the  hands  of  other  great  powers, 
together  with  our  extended  coast-line,  has  rendered,  and  will 
continue  to  render,  the  maintenance  of  an  adequate  navy  of 
far  greater  importance  than  the  support  of  a  large  army.  An 
efficient  army  can  be  organized  almost  before  even  the  keel  of 
a  battle-ship  can  be  laid;  and  it  is  altogether  probable  that 
any  war  in  which  we  may  engage  will  have  ended  long  before 


144  CIVIL  GOVERNMENT. 

a  ship-of-war  can  have  been  completely  built.  Our  greatly 
extended  coast-line,  which  has  been  constantly  growing,  almost 
from  the  beginning  of  the  Republic ;  our  distant  island  posses- 
sions; our  great  cities  located  on  the  sea-boards;  our  fisheries, 
commerce,  and  navigation  —  all  demand  that  we  should  have 
an  ever-ready  navy,  proportionate  in  power  to  the  interests 
to  be  safeguarded. 

It  will  be  noticed  that  the  Constitution  places  no  limit,  as 
it  does  in  the  case  of  the  army,  on  the  time  for  which  money 
can  be  appropriated  to  the  use  of  the  navy.  This  is  not  only 
because  it  takes  several  years  to  construct  a  first-class  battle- 
ship and  because  the  service  of  the  navy  in  distant  seas  some- 
times requires  that  provision  be  made  in  advance  for  long 
periods  of  absence ;  but  also  because  there  has  never  been  that 
popular  jealousy  and  distrust  in  relation  to  the  navy  that  has 
existed  in  regard  to  the  army.  Many  dictators  and  tyrants 
have  been  created  by  armies;  none,  by  navies.  The  dignity 
and  safety  of  the  nation  demand  an  adequate  navy  —  to  com- 
mand respect  and  deference  abroad,  and  to  secure  and  insure 
liberty  and  safety  at  home.  The  past  achievements  of  our 
navy  have  rendered  this  branch  of  the  service  very  dear  to 
the  hearts  of  the  people. 

14.  To  make  rules  for  the  Government  and  regulation  of 
the  land  and  naval  forces. 

Upon  discipline,  which  can  only  be  secured  by  the  enforce- 
ment of  proper  rules  and  regulations,  depends  almost  entirely 
the  efficiency  of  both  army  and  navy.  Without  such  discipline, 
an  army  is  but  an  armed  mob,  more  dangerous  to  friend  than 
foe;  and  a  navy,  a  collection  of  uncoherent  units,  the  ready 
prey  of  an  active  and  intelligent  enemy.  The  power  to  make 
rules  and  regulations  for  the  government  of  our  forces  is, 
then,  a  necessary  and  natural  concomitant  of  the  power  to 


ARTICLE  I.  145 

raise  and  maintain  armies  and  navies.  Infractions  of  naval 
and  military  laws,  and  the  like,  are  punishable  by  court- 
martial.  But  for  civil  crime  in  time  of  peace,  the  offenders 
are  delivered  up  to  the  civil  authorities  of  the  place  having 
jurisdiction. 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union.  By  militia  may  be  understood  all  able- 
bodied  male  citizens  between  the  ages  of  18  and  45,  enrolled 
in  the  several  States ;  and,  in  a  more  narrow  sense,  as  distin- 
guished from  the  regular  army,  the  organized  military  forces 
of  the  several  States,  which  become  national  forces  under  the 
command  of  the  President,  only  when  in  the  actual  service  of 
the  United  States.  The  chief  dependence  of  this  country,  in 
time  of  war,  has  always  been  on  its  citizen-soldiery  —  on  the 
hearts  of  its  people  and  not  on  the  bayonets  of  a  professional 
army.  This  was  the  theory  of  the  framers  of  the  Constitution, 
and  this  has  been  the  gloriously  successful  practice  of  the 
Nation  in  all  its  wars.  It  is  far  more  uplifting  to  the  spirit 
of  the  people  to  rely  upon  the  militia  organization  of  the 
several  States,  than  upon  a  large  standing  army  —  more  eco- 
nomical in  practice,  and  less  dangerous  to  the  liberties  and  to 
the  martial  spirit  of  the  nation.  The  experience  of  the  past 
has  so  successfully  demonstrated  the  wisdom  of  this  plan,  that 
there  is  little  reason  to  apprehend  a  change  in  our  policy, 
while  we  continue  to  remain  an  agricultural,  manufacturing, 
and  commercial  community  and  a  peace-loving,  justice-doing 
people. 

It  has  been  seldom  necessary  to  call  out  the  militia  for  the 
execution  of  the  laws  of  the  Union,  but  such  a  contingency 
should  always  find  us  fully  prepared. 

Suppress  insurrections.  Domestic  insurrection  might  find 
the  regular  army  too  few  in  numbers,  or  too  widely  scattered, 


146  CIVIL  GOVERNMENT. 

to  quickly  and  successfully  cope  with  the  trouble.  The  power 
to  provide  for  the  calling  out  of  the  militia  in  such  an  event 
is  of  inestimable  importance. 

And  repel  invasions.  One  of  the  great  military  powers  of 
the  Old  World  might,  but  for  this  reliance,  pour  upon  our 
shores  an  army  impossible  to  be  coped  with,  by  our  relatively 
small  standing  army.  In  such  contingency,  our  main  depend- 
ence must  be  upon  our  militia,  which  our  great  resources  of 
men  and  money  enable  us  to  rapidly  expand  to  any  necessary 
extent. 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia.  This  power  is  granted  to  Congress  in  order  that 
the  militia  may  be  of  equal  and  uniform  equipment  and  train- 
ing in  the  several  States  and  adapted  to  serve  in  conjunction 
with  the  regular  military  forces  of  the  Nation. 

And  for  governing  such  part  of  them  as  may  he  employed 
in  the  service  of  the  United  States.  The  militia  is  to  remain 
under  the  sole  control  of  the  respective  States,  except  during 
such  times  as  it  may  be  actually  engaged  in  the  service  of  the 
United  States. 

Reserving  to  the  States  respectively  the  appointment  of  the 
officers.  If  this  power  were  not  reserved  to  the  individual 
States,  the  general  government  would,  at  all  times,  control  the 
militia  of  the  several  States,  through  the  appointment  of  of- 
ficers responsible  only  to  the  national  government. 

And  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress.  It  is  only  just  that  each 
State  should  have  control  of  its  own  militia,  for  preserving 
peace,  suppressing  riot,  enforcing  law  and  order,  and  the  like; 
and  authority  over  the  discipline  of  the  same;  because  the 
members  of  the  State  militia  are  not  professional  soldiers,  but 
are  citizens  of  the  several  States,  engaged  in  the  usual  duties 


ARTICLE  I.  147 

and  activities  of  civil  life.  It  is  equally  just  that  Congress 
should  have  power  to  prescribe  the  discipline  of  the  militia 
in  all  the  States;  in  order  that  such  discipline  be  uniform  and 
the  troops  of  each  State  capable  of  effectual  combination  with 
the  troops  of  the  other  States  and  with  the  regular  army  of 
the  United  States. 

1 7.  To  exercise  exclusive  legislation  in  all  cases  whatsoever 
over  such  district  (not  exceeding  ten  miles  square)  as  may, 
by  cession  of  particular  States  and  the  acceptance  of  Congress, 
become  the  seat  of  the  Government  of  the  United  States. 
Under  this  clause  the  District  of  Columbia  was  (in  1800) 
acquired  from  Maryland  and  Virginia.  Later,  that  portion 
of  it  on  the  Virginia  side  of  the  Potomac  was  ceded  back  to 
Virginia;  so  that,  the  present  District  of  Columbia  is  restricted 
to  the  Maryland  side  of  the  river.  It  is  self-evident  that  the 
dignity  of  a  nation  requires  that  the  nation  itself  should  have 
absolute  control,  in  all  cases  whatsoever,  of  the  place  of  meet- 
ing of  its  law-making  bodies  and  of  residence  of  its  Chief 
Magistrate,  and  other  important  public  officers.  It  is  incon- 
ceivable that  the  seat  of  government  of  our  great  Nation  could 
be  permitted  to  be  subject,  in  any  respect,  to  the  jurisdiction 
of  any  of  the  individual  States  composing  the  Nation. 

And  to  exercise  like  authority  over  all  places  purchased,  by 
the  consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings.  As  all  public  works  (such 
as  those  named  in  this  clause)  are,  wherever  they  may  be 
located,  administered  by  the  general  government  under  uni- 
form rules  and  regulations,  it  is  obvious  that  they  should  not 
be  subject  to  the  respective  laws  and  jurisdictions  of  nearly 
half  a  hundred  States.  But  that  Congress  may  not  have  the 
power  to  destroy  the  sovereignty  of  any  State  by  alienating 


148  CIVIL  GOVERNMENT. 

its  territory  under  pretense  of  purchase  for  public  works, 
it  is  provided  that  such  property  can  only  be  acquired  with  the 
consent  of  the  legislature  of  the  State  in  which  it  shall  be 
situated. 

If  such  purchases  are  made  without  any  restrictions,  the 
States  in  which  the  places  are  located  lose  all  legal  authority 
over  them,  both  civil  and  criminal,  all  jurisdiction  becoming 
National  and  being  administered  in  the  United  States  courts. 
The  States  have  not,  of  themselves,  power  to  arrest  a  mur- 
derer who  has  taken  refuge  in  a  building  or  on  a  property 
owned  by  the  Government,  or  even  to  serve  the  most  unim- 
portant warrant,  writ,  or  other  legal  process.  But,  in  most 
cases,  the  several  States  have  reserved  to  themselves  the  right 
to  serve  all  State  writs  and  processes,  civil  and  criminal,  upon 
persons  found  within  such  government  purchases. 

18.  And,  to  viake  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers,  and 
all  other  powers  vested  by  this  Constitution  in  the  Government 
of  the  United  States,  or  in  any  department  or  officer  thereof. 

This  is  the  most  comprehensive  clause  in  the  whole  Con- 
stitution. It  is  in  the  nature  of  a  blanket-provision,  covering 
any  omissions  in  the  affirmative  powers  granted  to  Congress 
and  providing  a  way  for  carrying  out  the  intent  and  purpose 
of  the  Constitution  in  all  cases,  present  and  future.  Although 
this  provision  may  be  liable  to  some  abuse  or  forced  con- 
struction, it  must,  on  the  whole,  be  considered  one  of  the 
wisest  provisions  of  that  wise  instrument.  It  renders  the 
Constitution  an  expansive,  progressive,  and  living  instrument 
—  for  all  times  and  under  all  conditions  —  rather  than  a 
hide-bound  document  adapted  only  to  the  age  and  the  ideas 
in  which  its  framers  lived. 


CHAPTER  VII. 

ARTICLE  I.  OF  THE  CONSTITUTION. 

Sections  p  and  lo. 
Section  9. 

1.  The  migration  or  importation  of  such  persons  as  any  of 
the  States  now  existing  shall  think  proper  to  admit  shall  not 
be  prohibited  by  the  Congress  prior  to  the  year  one  thousand 
eight  hundred  and  eight;  but  a  tax  or  duty  may  be  imposed 
on  such  importation,  not  exceeding  ten  dollars  for  each  person. 

This  provision  governed  the  importation  of  slaves,  until  the 
year  1808,  when  the  slave-trade  was  abolished.  It  has  already 
been  noticed  that,  before  the  Xlllth  Amendment  to  the  Con- 
stitution, the  words,  "slave"  and  "slavery,"  are  carefully  kept 
out  of  the  text  of  the  Constitution,  their  place  being  taken  by 
such  circumlocutions  as  the  present,  that  is,  "the  importation 
of  such  persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit." 

2.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  and  invasion,  the 
public  safety  may  require  it. 

A  zvrit  is  a  command  in  writing,  under  seal,  issued  by  a 
court  or  magistrate  of  competent  jurisdiction,  enjoining  the 
performance  or  non-performance  of  some  action  by  the  person 
to  whom  it  is  directed.  A  writ  of  habeas  corpus  commands 
the  person  to  whom  it  is  directed,  to  produce  before  the  court 
issuing  the  writ  the  body  of  some  person  named  therein,  who, 
it  is  alleged,  is  illegally  restrained  of  his  liberty. 


150  CIVIL  GOVERNMENT. 

Of  all  the  formal  rights  of  persons  asserted  in  the  Constitu- 
tion, none  is,  to  the  individual,  more  important  than  this ;  for, 
when  a  person  is  for  any  cause  restrained  of  his  liberty,  this 
writ  serves  to  effect  his  release  forthwith,  unless  it  is  affirma- 
tively shown  that  such  restraint  or  imprisonment  is  by  due 
process  of  law. 

Any  person  who  is  imprisoned,  or  some  other  person  on 
his  behalf,  may  make  an  affidavit  that  he  is  unlawfully  re- 
strained of  his  liberty  and  asking  the  court  to  whom  applica- 
tion is  made  to  issue  a  writ  of  habeas  corpus.  Upon  such  an 
application,  to  a  court  having  jurisdiction  in  the  premises,  a 
writ  of  habeas  corpus  usually  issues,  commanding  the  jailor 
or  other  person  in  whose  custody  the  person  detained  is  alleged 
to  be,  to  bring  the  body  of  the  one  so  detained  before  the 
court  on  a  specified  day  and  to  return,  endorsed  on  the  writ, 
the  reason  or  authority  by  which  the  person  detained  is  held 
in  custody  or  restraint.  This  writ  is  read  to  the  jailor,  or  other 
person,  to  whom  it  is  directed  and  a  certified  copy  of  it  is 
served  on  him. 

On  the  day  specified  in  the  writ,  the  one  to  whom  it  is  di- 
rected must  produce  the  detained  person  in  court;  and  must 
show  to  the  court  by  what  authority  or  right  he  detains  in 
custody  the  person  on  behalf  of  whom  application  for  relief  is 
made.  If  such  reason  or  authority  for  so  holding  in  custody 
the  person  detained,  is  deemed  by  the  court  to  be  legally  suf- 
ficient the  detention  or  imprisonment  is  continued;  but  if  such 
right  or  authority  be  adjudged  by  the  court  to  be  insufficient 
in  law,  the  detained  individual  is  at  once  discharged  from  such 
imprisonment  or  restraint. 

This  proceeding  does  not  in  any  way  decide  the  merits  of 
the  cause  for  which  such  person  may  have  been  imprisoned 
or  restrained;  but  simply  rules  that  the  formalities  of  law, 


ARTICLE  I.  151 

in  relation  to  his  imprisonment,  have  not  been  complied  with. 
It  is  quite  possible  for  a  guilty  person  to  be  illegally  impris- 
oned or  for  an  insane  person  to  be  illegally  kept  under 
restraint;  as,  for  instance,  when  the  papers  committing  such 
persons  to  custody  have  been  improperly  made  out,  and  the 
like. 

There  are  three  circumstances,  and  three  only,  under  which 
an  application  for  a  writ  of  habeas  corpus  may  be  properly 
denied :  First,  when  the  person  so  applying  has  been  com- 
mitted for  contempt  of  court;  second,  when  such  imprisonment 
is  by  reason  of  a  final  judgment  of  a  competent  court;  and, 
third,  when  the  writ  has  been  suspended  by  proper  authority. 
This  last  is  the  exception  authorized  by  the  clause  of  the  Con- 
stitution under  present  discussion. 

3.  No  bill  of  attainder,  or  ex-post-facto  law,  shall  be  passed. 

A  Bill  of  Attainder  is  a  law  in  the  British  Parliament  for 
the  purpose  of  attainting  (rendered  infamous  and  incapable 
of  inheriting  property  or  passing  it  to  heirs)  and  punishing  a 
particular  individual,  without  such  individual  first  having 
been  tried  and  convicted  by  a  court.  An  ex-post-facto  law 
is  one  "which  renders  an  act  punishable  in  a  manner  in  which 
it  was  not  punishable  when  it  was  committed :"  as,  if,  after 
a  man  had  stolen  a  horse,  the  penalty  for  doing  which  was 
five  years  imprisonment,  a  law  should  be  passed,  applicable 
to  such  person,  making  the  punishment  ten,  instead  of  five 
years. 

Bills  of  Attainder  and  ex-post-facto  laws  arc  so  manifestly 
acts  of  gross  injustice  and  so  opposed  to  the  genius  of  our 
country,  and  of  freedom  itself,  that  it  might  seem  hardly 
necessary  to  make  special  provision  against  them  in  the  Con- 
stitution. But  both  of  these  measures  had  been  so  often 
abused  by  the  governments  of  the  Old  World,  for  the  punish- 


162  CIVIL  GOVERNMENT. 

ment  of  individuals  obnoxious  to  parties  in  power  (notably  in 
the  celebrated  case  of  the  Earl  of  Strafford),  that  the  framers 
of  the  Constitution  wisely  placed  it  out  of  the  power  of  any 
party  to  alter  the  usual  course  of  justice  in  this  respect. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed 
to  be  taken. 

In  the  first  Section  of  this  Article  of  the  Constitution  pro- 
vision is  made  for  taking,  every  ten  years,  an  enumeration, 
or  census,  of  the  population  of  the  country.  In  this  clause. 
Congress  is  prohibited  from  laying  any  manner  of  direct  tax 
on  the  people,  except  such  tax  be  in  proportion  to  the  popula- 
tion, as  shown  by  the  census  so  taken :  that  is,  direct  taxes 
must  be  apportioned  among  the  several  States  in  proportion 
to  the  number  of  their  inhabitants. 

It  is  under  this  clause  of  the  Constitution  that,  in  recent 
years,  the  Supreme  Court  of  the  United  States  decided  that 
a  law  laying  a  tax  upon  incomes  of  over  a  certain  amount  was 
unconstitutional.  This  matter  of  taxing  all  incomes  of  above 
a  certain  sum  (as  is  done  in  Great  Britain  and  other  countries) 
is  a  very  important  one;  and  agitation  is  constantly  going  on, 
both  in  and  out  of  Congress,  looking  to  an  Amendment  to  the 
Constitution,  which  will  permit  this  to  be  done  in  the  manner 
proposed,  or  to  legislation  which  will  effect  the  same  purpose, 
without  coming  into  conflict  with  the  provisions  of  the 
Constitution. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State.  Owing  to  the  different  interests  and  productions 
of  the  several  States,  any  taxation  of  exports  would  necessarily 
bear  more  heavily  on  some  States  than  on  others.  And,  as  all 
States  are,  under  the  Constitution,  entitled  to  equal  treatment, 


ARTICLE  I.  153 

any  system  of  unequal  taxation,  or  other  discrimination,  must 
be  prohibited. 

No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another.  For 
the  same  reason  that  the  imposition  of  export  duties  is  pro- 
hibited, Congress  is  inhibited  from  laying  any  regulations  of 
commerce  or  revenue  which  shall  give  a  preference  to  the 
ports  of  one  State  over  those  of  another.  All  laws  and  regu- 
lations applying  to  any  of  the  several  States  must  apply 
equally  to  every  one  of  them  under  like  conditions. 

Nor  shall  vessels  bound  to  or  from  one  State  be  obliged  to 
enter,  clear,  or  pay  duties,  in  another.  This  is  a  limitation  of 
the  power  of  Congress  to  regulate  commerce  (Art.  I. -8. -3.) 
between  the  States.  The  placing  of  duties  and  taxes  on  inter- 
state commerce  is  here  prohibited. 

6.  No  money  shall  be  drawn  frotn  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law.  This  clause  places 
upon  Congress  the  responsibility  for  the  expenditure  of  the 
public  revenue.  It  also  serves  to  hold  all  public  officers  to 
economy  and  faithfulness  in  the  use  of  public  money.  Before 
any  department  of  government  or  any  public  officer  can  ex- 
pend even  as  much  as  a  single  dollar,  they  must  have  shown 
to  Congress  why  and  for  what  it  was  wanted ;  and  Congress 
must  have  made  a  specific  appropriation  for  the  purpose. 
Not  even  the  President  of  the  United  States  can  draw  his 
salary,  unless  an  appropriation  of  the  amount  has  first  been 
made  by  Congress. 

And  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  from  time 
to  time.  In  order  that  Congress  may  know  that  it  has  been 
expended  in  the  manner  directed;  and  for  the  information  of 
the  people  at  large,  who  are  clearly  entitled  to  know  how  their 


154  CIVIL  GOVERNMENT. 

money  is  being  employed.  Publicity  and  responsibility  are  the 
two  great  safeguards  against  carelessness,  extravagance,  and 
dishonesty.  When  it  is  considered  that  hundreds  of  millions 
of  dollars  are  each  year  appropriated  to  public  purposes,  the 
necessity  of  every  possible  check  and  safeguard  in  the  dispo- 
sition of  the  public  funds  is  apparent. 

7.  No  title  of  nobility  shall  be  granted  by  the  United  States. 
The  corner-stone  of  our  liberties  is,  the  equality  of  all  men 
before  the  law.  All  citizens  are  free  to  win  wealth  and  dis- 
tinction by  their  own  efforts  and  abilities;  but  the  government 
is  prohibited  from  raising  up  classes  and  ranks. 

And  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office,  or  title,  of  any  kind  whatever,  from 
any  king,  prince  or  foreign  State.  This  is  in  order  that  our 
representatives,  at  home  and  abroad,  may  not  be  subjected  to 
the  temptation  of  any  form  of  bribery  or  other  improper 
influence,  either  direct  or  indirect.  If,  as  sometimes  happens, 
a  foreign  government  desires  to  show  its  appreciation  of  some 
distinguished  service  to  humanity,  on  the  part  of  some  officer 
under  our  government  (as  in  the  case  of  rescue  at  sea  and  the 
like)  by  the  bestowal  of  some  medal,  decoration,  order,  or 
other  distinction  of  honor, —  Congress  usually  grants  permis- 
sion to  such  officer  to  accept  the  gift.  When,  as  is  sometimes 
the  case,  a  foreign  government  presents  to  the  President 
specimens  of  its  arts  or  of  its  rare  animals  and  productions, 
it  is  customary  to  regard  these  as  gifts  to  the  Nation,  and  to 
deposit  them  in  the  national  archives,  for  public  exhibition. 

Section  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation; grant  letters  of  marque  and  reprisal;  coin  money; 


ARTICLE  I.  155 

emit  bills  of  credit;  make  anything  but  gold  and  silver  coin  a 
tender  in  payment  of  debts;  pass  any  bill  of  attainder,  ex- 
post-facto  law,  or  law  impairing  the  obligation  of  contracts; 
or  grant  any  title  of  nobility. 

The  powers  here  prohibited  to  the  several  States  are  powers 
that  have  elsewhere  in  the  Constitution  been  expressly  granted 
to  Congress,  or  prohibited  to  that  body;  or,  are  such  as  are 
inconsistent  with  the  power  of  the  general  government  to  carry 
out  the  purposes  for  which  it  was  instituted. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what  may 
be  absolutely  necessary  for  executing  its  inspection  laws;  and 
the  net  produce  of  all  duties  and  imposts  laid  by  any  State  on 
imports  or  exports  shall  be  for  the  use  of  the  Treasury  of  the 
United  States;  and  all  such  laws  shall  be  subject  to  the  re- 
vision and  control  of  the  Congress.  No  State  shall,  without 
the  consent  of  Congress,  lay  any  duty  of  tonnage,  keep  troops 
or  ships-of-war  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  State  or  with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

These  also  are  powers  the  exercise  of  which  by  the  several 
States  would  nullify  powers  already  granted  to  Congress,  or 
defeat  the  purposes  for  which  the  general  government  was 
erected. 


CHAPTER  VIII. 

ARTICLE  II.  OF  THE  CONSTITUTION. 

Section  1. 

1.  The  executive  power  shall  he  vested  in  a  President  of  the 
United  States  of  America.  By  this  clause,  the  entire  executive 
power  of  the  Nation  is  placed  in  the  hands  of  one  man  —  the 
President  of  the  United  States.  The  wisdom  and  knowledge 
required  in  making  good  laws  is  best  secured  from  the  col- 
lective efforts  of  a  deliberative  assembly ;  but  the  energy  and 
decision  necessary  for  their  prompt  and  firm  execution  is  most 
likely  to  be  found  in  the  mind  of  a  single  individual.  The 
chief  duty  of  the  President  is  to  enforce  the  laws  made  by 
Congress,  after  they  have  been  enacted  and  have  become 
effective.  The  President  has  no  title  other  than  that  of  his 
office;  and  is  addressed  simply  as,  "Mr.  President",  or,  "Sir." 

He  shall  hold  his  office  during  the  term  of  jour  years.  This 
term  of  four  years  represents  a  compromise  between  those 
members  of  the  Constitutional  Convention  who  were  in  favor 
of  limiting  the  presidential  term  to  two  years,  and  those  who 
proposed  that  the  Chief-Executive  should  hold  office  for  life. 
Although  the  Constitution  does  not  prohibit  the  re-election  of 
a  President  for  any  number  of  consecutive  times;  yet  the 
electorate  has  regarded  the  example  of  Washington  in  refus- 
ing a  third  term,  as  having  almost  the  force  of  an  unwritten 
law  against  more  than  two  terms.  No  President  has  been 
re-elected,  or  even  renominated,  after  his  second  term.  By 
many,  it  is  believed  that  better  results  would  be  secured  if  the 
presidential  term  were  made  six,  or  even  eight,  years  and  an 
incumbent  made  ineligible  for  election  to  two  successive  terms. 


ARTICLE  II.  157 

And,  together  with  the  Vice-President  chosen  for  the  same 
term,  be  elected  as  follows.  The  election  of  a  Vice-President, 
for  the  same  term  as  the  President,  is  here  provided  for.  The 
terms  of  both  begin  on  the  fourth  day  of  March  next  after 
their  election. 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legisla- 
ture thereof  may  direct,  a  number  of  Electors.  The  selection 
of  Electors  for  President  and  Vice-President  has  been  given 
by  the  legislatures  of  the  several  States  to  the  people,  who 
choose  the  Electors  directly  by  ballot.  Thus,  the  people  prac- 
tically elect  the  President  and  Vice-President  through  the  ap- 
pointment of  Electors  instructed  for  whom  to  vote.  While 
there  is  no  way  to  compel  an  Elector  to  vote  according  to  his 
instructions;  yet  the  probability  of  such  Elector  acting  con- 
trary to  his  directions  is  so  remote  as  to  be  negligible.  The 
word  "electors"  is  often  used  to  denote  simply,  voters.  The 
two  uses  of  the  word  should  not  be  confounded. 

Equal  to  the  whole  number  of  Senators  and  Representatives 
to  which  the  State  tnay  be  entitled  in  the  Congress.  Provision 
is  here  made  that  the  number  of  Electors  from  each  State  shall 
correspond  to  the  representation  in  Congress  of  that  State. 
This  gives  to  the  several  States  a  voice  in  the  selection  of 
President  and  Vice-President,  proportionate  to  their  mem- 
bership in  Congress,  which,  it  will  be  remembered,  is  based 
on  their  populations. 

But  no  Senator  or  Representative,  or  person  holding  an 
office  of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  Elector.  This  provision  is  to  prevent  office-holders 
under  the  government  from  exerting  an  undue  influence  in  the 
selection  of  a  Chief-Executive  who  is  to  be  their  superior 
officer;  and  to  preclude  the  legislative  department  of  govern- 
ment (Congress)   from  exercising  through  its  members  a  dis- 


158  CIVIL  GOVERNMENT. 

proportionate  voice  in  the  selection  of  the  head  of  another 
department,  who  has  the  power  of  veto  over  its  enactments; 
and  of  his  possible  successor,  who  is,  ex-officiOj  the  presiding 
officer  of  the  Senate. 

3.  The  Electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  persons,  one  of  whom,  at  least,  shall  not 
be  an  inhabitant  of  the  same  State  with  themselves.  And  they 
shall  make  a  list  of  all  the  persons  voted  for,  and  of  the  number 
of  votes  for  each;  which  list  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The  President 
of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  the  votes  shall 
then  be  counted.  The  person  having  the  greatest  number  of 
votes  shall  be  the  President,  if  such  number  be  a  majority  of 
the  whole  number  of  Electors  appointed;  and,  if  there  be  more 
than  one  who  have  such  majority  and  have  an  equal  number 
of  votes,  then  the  House  of  Representatives  shall  immediately 
choose,  by  ballot,  one  of  them  for  President;  and,  if  no  person 
have  a  majority,  then,,  from  the  jive  highest  on  the  list,  the- 
said  House  shall  in  like  manner  choose  the  President.  But, 
in  choosing  the  President,  the  votes  shall  be  taken  by  States, 
the  representation  from  each  State  having  one  vote:  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
tzvo-thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  In  every  case,  after  the  choice  of 
the  President,  the  person  having  the  greatest  number  of  the 
votes  of  the  Electors  shall  be  Vice-President.  But,  if  there 
should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them,  by  ballot,  the  Vice-President. 

This  clause  of  the  Constitution  has  been  entirely  superseded 
by  the  twelfth  Article  of  Amendments,  under  the  consideration 


ARTICLE  II.  159 

of  which  the  procedure  of  the  Electors  will  be  fully  examined. 
This  Amendment  (the  12th)  was  passed  owing  to  the  unsat- 
isfactory manner  in  which  the  provisions  of  the  clause  under 
present  discussion  worked  in  practice:  the  change  being 
especially  due  to  the  prolonged  contest  in  the  House  of  Repre- 
sentatives (in  1801)  over  the  contest  between  Thomas  Jeffer- 
son and  Aaron  Burr,  the  former  being  elected  on  the  thirty- 
sixth  ballot. 

4.  The  Congress  may  determine  the  time  of  choosing  the 
Electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

The  day  finally  fixed  for  the  choosing  of  Electors  is  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  Novem- 
ber of  the  year  in  which  the  President  is  to  be  chosen.  The 
day  fixed  for  the  Electors  (who,  as  a  body,  are  known  as  the 
Electoral  College)  to  give  their  votes  for  President  and  Vice 
President  of  the  United  States,  is  the  first  Wednesday  in 
December  after  their  election.  The  places  of  their  meeting 
are  left  to  be  chosen  by  the  respective  State  legislatures;  and 
are,  usually,  the  Capitals  of  the  several  States. 

By  fixing  a  day  certain  for  the  choice  of  Electors,  which 
day  is  the  same  throughout  the  United  States,  the  formation 
of  political  combinations  to  control  these  offices,  and  the  use 
of  other  corrupting  influences,  is,  to  a  certain  extent,  guarded 
against.  The  same  remark  applies  to  the  designation  of  a  sin- 
gle day  on  which  all  the  Electors  shall  give  their  votes. 

5.  No  person,  except  a  natural-born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  Constitu- 
tion, shall  be  eligible  to  the  office  of  President.  A  person  need 
not  necessarily  be  born  within  the  limits  of  this  country,  to  be 
a  natural-born  citizen  of  the  United  States :  for  instance,  he 
may  be  the  son  of  the  American  Minister  to  Great  Britain,  and 


160  CIVIL  GOVERNMENT. 

born  in  London  during  his  father's  incumbency  in  that  office. 
In  such  case,  he  is  a  natural-born  citizen  of  the  United  States, 
and  eligible  to  the  office  of  President. 

Provision  is  also  here  made  that  foreign-born  citizens  of 
the  United  States  at  the  time  of  the  adoption  of  the  Constitu- 
tion should  be  eligible  to  the  office  of  President.  Although  the 
condition  covered  by  this  provision  ceased  to  exist  very  many 
years  ago,  it  is  gratifying  to  remember  that  such  sturdy 
patriots  as  Albert  Gallatin  and  John  Paul  Jones  were  thought 
not  unworthy,  by  reason  of  their  birth,  for  the  highest  office 
within  the  people's  gift. 

Neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years.  This  age 
was  fixed  as  one  at  which  the  mental  powers  have  reached 
their  fullest  maturity  and  at  which  a  candidate  has  had  the 
opportunity  of  being  long  enough  before  the  people  to  demon- 
strate his  capacity  and  fitness  for  the  Chief- Magistracy  of  the 
Nation. 

And  been  fourteen  years  a  resident  ivithin  the  United  States. 
It  was  considered  that  even  a  native  of  this  country  could  not 
possess  a  sufficient  knowledge  of  his  country  and  its  institu- 
tions to  qualify  him  for  the  office  of  President,  unless  his  resi- 
dence shall  have  been  within  the  limits  of  his  country  for,  at 
least,  this  period  of  fourteen  years. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  Vice- 
President.  The  office  of  President  is  one  of  so  great  impor- 
tance, and  the  country  might  be  thrown  into  so  great  turmoil 
and  confusion  by  reason  of  his  death  or  other  cause  of  in- 
ability to  discharge  the  functions  of  his  office, —  that  it  was 
obviously  necessary  to  make  some  provision  for  such  contin- 


ARTICLE  II,  161 

gency.  By  this  clause,  in  such  case,  the  duties  and  powers  of 
the  President  devolve  upon  the  Vice-President.  By  "inability 
to  discharge  the  powers  and  duties  of  the  said  office"  is  here 
meant,  not  such  temporary  inability  as  might  result  from 
serious  illness,  but  some  more  permanent  disability ;  as,  the 
complete  overthrow  of  the  reason,  and  the  like. 

And  the  Congress  may  by  law  provide  for  the  case  of  re- 
moval, death,  resignation,  or  inability,  both  of  the  President 
and  Vice-President,  declaring  what  officer  shall  then  act  as< 
President.  Under  this  provision,  Congress  has  named  to  act 
as  President,  in  the  order  named, —  the  Secretary  of  State, 
Secretary  of  the  Treasury,  Secretary  of  War,  Attorney-Gen- 
eral, Postmaster-General,  Secretary  of  the  Navy,  and  Secre- 
tary of  the  Interior.  No  provision  is  made  for  the  succession 
of  the  other  Cabinet-Officers;  their  departments  not  having 
been  erected  at  the  time  of  the  passage  of  the  law  governing 
this  subject. 

And  such  officer  shall  act  accordingly  until  the  disability 
be  removed,  or  a  President  shall  be  elected.  The  contingency 
here  provided  for  has  never  occurred.  But  it  may  be  noticed 
that  in  the  event  of  a  member  of  the  Cabinet  succeeding  to  the 
duties  of  the  office  of  President,  he  would  not  himself  become 
President,  but  would  merely  act  as  President.  Moreover,  this 
succession  is  annexed  to  the  respective  Cabinet  offices,  and  not 
to  the  individuals  who  may  be  occupying  them.  The  effect  of 
this  is  that  such  Cabinet-Officer  could  not  resign  his  Cabinet 
office  and  continue  to  act  as  President.  He  would  be  obliged 
to  retain  his  Cabinet  position  and  to  rely  upon  his  Assistants 
to  perform  the  greater  portion  of  the  duties  pertaining  to  that 
position. 

With  the  Vice-President  the  case  is  different.  When  he 
succeeds  to  the  duties  of  President,  at  least  in  the  case  of  death, 


162  CIVIL  GOVERNMENT. 

he  succeeds  to  the  office  of  President.  This  has  never  been 
formally  decided,  but  Congress  has  always  confirmed  this 
right  by  its  actions;  as  in  the  case  of  Andrew  Johnson,  who 
was  impeached  by  the  House  of  Representatives  under  the 
title,  "President  of  the  United  States." 

7.  The  President  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation.  For  many  years,  this  compensation  was 
fixed  by  Congress  at  twenty-five  thousand  dollars  a  year,  but 
during  the  first  term  of  General  Grant  this  salary  was  raised 
to  fifty  thousand  dollars  (to  take  effect  after  the  expiration 
of  that  term).  In  1907,  the  President's  salary  was  again 
raised,  to  $75,000 — taking  effect  after  the  expiration  of  President 
Roosevelt's  term. 

Which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected.  This  is  an  emi- 
nently proper  restriction.  It  is  conceivable  that  a  President 
might  be  elected  who  would  become  subservient  to  Congress 
in  return  for  an  increased  salary  during  his  term  of  office; 
while,  on  the  other  hand,  if  Congress  were  free  to  diminish 
the  President's  salary  at  pleasure,  he  would  not  have  that 
degree  of  independence  of  Congress,  which  is  contemplated 
by  the  Constitution. 

And  he  shall  not  receive  within  that  period  any  other  emolu- 
ment from  the  United  States,  or  any  of  them.  This  prevents 
Congress  from  increasing  the  President's  salary  through  any 
subterfuge;  and  prohibits  him  from  placing  himself  under 
obligations  to  any  of  the  several  States. 

But  this  prohibition  does  not  extend  so  far  as  to  restrain 
Congress  from  furnishing  to  the  President  an  official  resi- 
dence, known  as  the  White  House,  the  expense  of  furnishing 
and  maintaining  which  is  largely  defrayed  at  public  cost. 
This  is  entirely  proper;  for  many  public  functions  must  take 


ARTICLE  II.  163 

place  at  the  official  residence  of  the  President :  Foreign  Min- 
isters are  received  there;  State  banquets  are  held  there;  there 
the  Cabinet  meets;  and  there  the  President  has  his  executive 
offices. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall 
take  the  follozving  oath  or  affirmation: — 

9.  "/  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States;  and  will, 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the 
Constitution  of  the  United  States." 

This  oath,  or  affirmation,  is  administered  on  the  4th  day  of 
March  following  the  election  of  the  President,  usually  by  the 
Chief  Justice  of  the  United  States. 

Section  2. 

1.  The  President  shall  be  Commander-in-Chief  of  the  Army 
and  Navy  of  the  United  States.  By  this  provision  the  Presi- 
dent is  placed  in  control  of  the  regular  armed  forces  of  the 
country  —  in  time  of  war,  as  well  as  in  time  of  peace.  It  has 
not  been  customary,  in  practice,  for  the  President  to  take  per- 
sonal command  of  the  army  in  the  field :  he  exercises  his  con- 
trol through  the  appointment  of  the  commanding  officers  of 
the  different  divisions  of  the  army  and  by  planning  the  broad 
lines  of  attack  and  defence.  The  Secretary  of  War  has,  under 
the  direction  of  the  President,  chief  charge  of  the  administra- 
tion of  the  army.  It  would,  of  course,  be  out  of  the  question 
for  the  President  to  leave  the  government,  in  time  of  trouble, 
for  the  purpose  of  taking  personal  command  of  our  fleets  at 
sea ;  but  these  too  he  commands,  through  the  Secretary  of  the 
Navy,  and  by  directing  the  general  plan  of  their  operations. 


164  CIVIL  GOVERNMENT. 

A  very  important  application  of  this  clause  is,  that  it  keeps 
the  military  power  of  the  nation  in  subordination  to  the  civil 
power  —  the  President  being  a  civil  magistrate. 

And  of  the  Militia  of  the  several  States  when  called  into  the 
actual  service  of  the  United  States.  It  has  ever  been  the  rule 
of  action  of  this  country  to  rely  upon  its  militia  for  defence; 
maintaining  a  relatively  small  standing  army  as  the  nucleus, 
or  backbone,  of  the  larger  force  to  be  called  out  in  time  of 
need.  It  is  axiomatic  that,  to  be  effective,  all  the  military 
forces  of  a  nation  must  be  directed  along  a  single  line  of  policy 
and  by  a  single  head.  There  must  be  unity  of  purpose,  unity 
of  plan,  unity  of  action,  and  unity  of  discipline;  or  confusion, 
and  perhaps  disaster  is  bound  to  ensue.  For  these  reasons, 
the  President  is  constituted  the  Commander-in-Chief  of  the 
militia  of  the  several  States,  when  in  the  actual  service  of  the 
United  States. 

The  reason  for  this  limitation  of  the  time  when  the  militia 
of  the  several  States  is  under  the  command  of  the  President  is, 
that  every  individual  State  is,  within  its  own  borders,  as  sov- 
ereign in  its  functions  as  is  the  United  States,  except  as  to 
such  portions  of  its  sovereignty  as  it  has  yielded  up  to  the 
general  government,  through  the  adoption  of  the  Constitution. 
It  would  be  inconsistent  with  this  reserved  sovereignty,  were 
the  United  States,  through  their  President,  to  exercise  control 
over  the  militia  of  any  state,  except  when  in  the  actual  service 
of  the  Nation. 

He  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  Executive  Departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices.  It  is  obvious 
that  the  President  cannot  exercise  personal  supervision  over 
all  of  the  executive  departments  under  him;  and  equally  ob- 
vious that  the  intelligent  execution  of  his  duties  may,  at  any 


ARTICLE  II.  165 

time,  require  him  to  be  fully  advised  as  to  matters  within  the 
knowledge  of  the  principal  officers  of  these  departments.  This 
provision  gives  him  specific  authority  to  call  upon  such  officers 
for  advice  and  information  concerning  such  matters  as  are 
within  their  respective  provinces. 

And  he  shall  have  pozver  to  grant  reprieves  and  pardons  for 
offenses  against  the  United  States.  The  correction  of  possible 
error;  the  softening  of  the  rigors  of  inflexible  justice,  in  special 
cases ;  and,  sometimes,  political  expediency,  render  it  advisable 
that  somewhere  in  every  government  be  vested  the  power  of 
pardon,  commutation,  and  reprieve.  In  our  country,  so  far 
as  offences  against  the  United  States  are  concerned,  this  power 
is,  by  this  provision,  vested  in  the  President.  But  it  must  be 
noticed  that  the  President  has  no  authority  to  pardon  offences 
against  the  several  States,  or  offenders  condemned  by  State 
courts.  Each  State  provides  for  its  own  procedure  in  this 
regard.     The  pardoning  power  is,  in  its  nature,  judicial. 

Except  in  cases  of  impeachment.  As  judgment  in  cases  of 
impeachment  can  extend  no  further  than  to  removal  from 
office  and  disqualification  to  hold  other  office  under  the  United 
States;  and  as  this  judgment  can  only  be  pronounced  by  a 
two-thirds  vote  of  the  court  of  greatest  dignity  in  the  land, 
the  Senate,  at  the  instance  of  the  House  of  Representatives, 
it  was  not  felt  that  offenders  so  convicted  are  proper  subjects 
for  executive  clemency. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the 
Senators  present  concur.  The  treaty-making  power  is  one 
of  the  most  important  functions  of  government,  involving,  as 
it  does,  the  relations  of  one  country  with  the  nations  and  gov- 
ernments of  the  rest  of  the  world.  By  a  treaty,  may  be  under- 
stood an  agreement  between  two  nations ;  formally  negotiated, 


166  CIVIL  GOVERNMENT. 

duly  signed,  and  solemnly  ratified  by  the  supreme  power  in 
each  nation. 

This  clause  of  the  Constitution  provides  that  such  treaties 
may,  on  the  part  of  the  United  States,  be  made  by  the  Presi- 
dent, "by  and  with  the  advice  and  consent  of  the  Senate." 
The  word  "advice"  does  not  here  mean  that  the  Senate  must  be 
consulted  during  the  negotiation  of  a  treaty.  The  advantages 
to  be  derived  from  treaties  often  depend  upon  their  provi- 
sions being  kept  secret  pending  negotiations;  and  it  might 
prove  highly  hazardous  to  such  secrecy,  if  the  President  were 
obliged  to  consult  with  a  body  as  numerous  as  the  Senate, 
while  arrangements  were  being  made.  The  words,  "advice 
and  consent"  are,  in  this  connection,  to  be  understood  to- 
gether; and  are  complied  with  when,  after  the  negotiation  of 
a  treaty,  this  is  submitted  to  the  Senate  for  discussion  and 
concurrence.  Treaties,  like  other  matters  of  great  moment, 
require  for  their  passage,  or  ratification,  a  two-thirds  vote  of 
the  Senate.  This  is  on  the  theory  that  a  treaty,  which  binds 
each  of  the  several  States,  even  if  in  conflict  with  its  laws  and 
its  constitution,  should  represent  the  judgment,  not  merely  of 
a  majority  of  the  States  whose  representatives  are  present  in 
the  Senate,  but  of  at  least  two-thirds  of  them.  The  Senate 
may,  at  its  pleasure,  amend,  alter,  or  reject,  in  whole  or  in 
part,  treaties,  as  in  the  case  of  other  measures. 

Treaty-making  usually  proceeds  substantially  as  follows : — 

The  terms  of  the  proposed  treaty  are  arranged  by  the  Am- 
bassadors or  Ministers  of  the  respective  governments,  or  by 
Commissioners  especially  appointed  for  the  purpose,  working 
under  the  direction  of  the  State  Departments  of  the  con- 
tracting powers. 

After  conditions  satisfactory  to  the  Executives  of  the  two 
governments  are  agreed  upon,  the  treaty  is  submitted  (on  the 


ARTICLE  11.  167 

part  of  this  country)  to  the  Senate  of  the  United  States  for 
their  action.  It  is  by  them  debated  and  discussed  in  secret, 
or  executive,  session;  and  may  be  altered,  amended,  or  re- 
jected, in  whole  or  in  part,  if  they  so  see  fit.  In  the  event  of 
amendment  or  alteration,  the  treaty  must  be  again  submitted 
to  the  President,  and  also  to  the  foreign  government  which  is 
a  party  to  it. 

If  two-thirds  of  the  Senators  present  vote  to  confirm  the 
treaty,  it  is  ratified;  othewise,  it  is  rejected. 

And  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate  shall  appoint,  ambassadors,  other  public 
ministers,  and  consuls,  judges  of  the  Supretne  Court,  and  all 
other  officers  of  the  United  States  whose  appointments  are  not 
herein  otherwise  provided  for.  While  the  power  of  appointing 
the  higher  officers  under  the  Government  (except  such  as  are 
elsewhere  in  the  Constitution  provided  for)  is,  by  this  pro- 
vision, given  to  the  President;  these  appointments  must  be 
such  as  are  satisfactory  to  the  Senate.  In  practice,  the  Presi- 
dent, before  nominating  a  person  to  such  office,  usually  consults 
the  Senators  of  the  State  in  which  the  proposed  appointee 
resides.  If  such  appointment  is  satisfactory  to  them,  the 
nomination  is,  ordinarily,  promptly  confirmed  by  the  Senate. 
Sometimes,  however,  this  it  not  the  case;  and  so  much  opposi- 
tion develops  that  the  nomination  has  to  be  withdrawn  by  the 
President,  or  is  rejected  by  the  Senate. 

And  which  shall  be  established  by  law.  The  President  has 
no  power  to  erect  new  offices.  This  provision  makes  it  impos- 
sible for  him  to  provide  for  favorites  or  accomplish  other 
unworthy  ends,  by  the  creation  of  sinecures  and  the  multipli- 
cation of  offices. 

But  the  Congress  may  by  lata  vest  the  appointment  of  such 
inferior  officers  as  they  think  proper  in  the  President  alone, 


168  CIVIL  GOVERNMENT. 

in  the  courts  of  law,  or  in  the  heads  of  departments.  The 
number  of  the  minor  and  subordinate  officers  employed  under 
Government  is  so  great  that  it  would  be  practically  impossible 
for  the  President  or  for  Congress  to  appoint  them  individually. 
Moreover,  it  is  self-evident  that  the  responsible  chief  of  a 
department  is  usually  better  qualified  to  select  his  own  assist- 
ants and  immediate  subordinates  than  is  any  other  authority 
to  do  so  for  him.  This  provision,  while  retaining  the  power 
of  appointment  of  the  superior  and  responsible  officers  under 
the  government  in  the  hands  of  Congress,  permits  that  the 
selection  of  minor  officers  be  delegated  to  those  who  are  more 
immediately  responsible  that  the  duties  of  such  officers  be 
properly  performed.  Under  this  clause,  also,  other  provision 
may  be  made  for  the  selection  and  appointment  of  minor 
officers  and  subordinate  clerks,  mechanics,  laborers,  and  the 
like. 

Nearly  three-quarters  of  all  the  employees  of  the  Govern- 
ment (not  including  post-masters)  are  now  selected  by  com- 
petitive examination  under  the  Civil  Service  laws. 

The  Civil  Service  system  is  under  the  supervision  of  the 
Civil  Service  Commission,  which  consists  of  three  members 
appointed  by  the  President.  Of  these,  two  only  may  belong 
to  the  same  political  party.  These  Commissioners  arrange 
and  manage  the  Civil  Service  examinations;  make  appoint- 
ments to  vacancies,  from  among  those  passing  the  best  exam- 
inations; and,  in  general,  superintend  the  application  of  the 
laws  relating  to  the  Civil  Service. 

Under  the  Civil  Service  Commission,  public  examinations 
are  held  at  stated  times  and  places,  throughout  the  United 
States,  at  which  examinations  all  persons  who  are  eligible  to 
appointment  under  the  Civil  Service  laws  may  apply  for 
examination  as  to  their  fitness  and  capability.     Vacancies  in 


ARTICLE  II.  169 

the  classified  service  are  filled  from  among  those  of  such 
applicants  who  pass  the  best  examinations.  Persons  so  ap- 
pointed cannot  be  removed  from  their  positions  except  for  good 
cause  and  after  a  fair  hearing. 

Any  citizen  of  the  United  States,  of  suitable  age,  is  entitled 
to  make  application  for  a  position  in  any  branch  of  the  public 
service  to  which  the  civil  service  rules  apply.  Such  applica- 
tion must  be  made  under  oath  and  be  accompanied  by  such 
certificates  as  may  be  prescribed;  as  to  good  character,  and 
the  like. 

In  the  examinations,  a  candidate  must  obtain  an  average 
of  at  least  70  per  cent,  in  order  to  qualify  him  for  appoint- 
ment. But  veterans  of  the  army  and  navy,  honorably  dis- 
charged, need  obtain  an  average  of  only  65  per  cent. ;  and  are 
entitled  to  preference  when  appointments  are  made. 

No  person  addicted  to  the  habitual  use  of  intoxicating  liquor 
to  excess  will  be  appointed  or  retained  in  the  Civil  Service. 
Nor  will  persons  who  have  been  guilty  of  crime  or  other  noto- 
riously disgraceful  conduct.  Physical  disability  is  a  good 
cause  for  rejection.  So,  the  making  of  a  false  oath  or  state- 
ment to  secure  appointment. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate  by  granting 
commissions,  which  shall  expire  at  the  end  of  their  next 
session. 

Were  there  no  power  to  fill  vacancies  occurring  during  the 
times  when  the  Senate  is  not  in  session,  great  confusion  might 
ensue,  and  certain  departments  under  the  government  be 
brought  almost  to  a  standstill.  To  obviate  the  possibility  of 
this,  the  President  is  here  authorized  to  commission  temporary 
appointees,  whose  commissions  shall  expire  at  the  end  of  the 
next  session  of  the  Senate. 


170  CIVIL  GOVERNMENT. 

Section  3. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  and 
expedient.  In  compliance  with  this  provision,  the  President 
sends  to  Congress,  at  the  beginning  of  each  session,  his  annual 
message.  In  this  message  he  reviews  the  condition  and  the 
wants  of  the  nation,  and  recommends  to  Congress  the  passage 
of  such  legislation  as  he  deems  especially  important.  At  this 
time,  too,  the  Cabinet  Officers  make  their  annual  reports  to 
Congress,  showing  what  has  been  accomplished  in  their  re- 
spective departments  and  presenting  estimates  of  the  amount 
of  money  needed  for  the  coming  year  and  the  purposes  for 
which  it  is  needed.  Congress  is  under  no  legal  obligation  to 
take  action  on  the  measures  proposed  in  the  President's  mes- 
sage for  their  consideration;  but  such  recommendations  are, 
under  all  circumstances,  entitled  to  the  most  respectful  treat- 
ment. The  annual  messages  of  the  different  Presidents  have 
varied  greatly  in  length  —  from  a  comparatively  few  para- 
graphs to  the  length  of  a  moderately  large  book.  In  addition 
to  his  annual  message,  the  President  often  sends  special  mes- 
sages to  Congress,  treating  of  matters  which  have  newly  arisen 
or  of  subjects  reserved  in  his  annual  message  for  more  specific 
treatment. 

He  may,  on  extraordinary  occasions,  convene  both  Houses, 
or  either  of  them.  Events  may  occur  unexpectedly  which 
demand  the  immediate  action  of  Congress,  as  the  sudden  out- 
break of  hostilities;  or,  a  Congress  may  have  failed,  during 
its  regular  session,  to  enact  legislation  of  the  utmost  impor- 
tance to  the  interests  of  the  country ;  or  other  emergency  may 
arise  which  necessitates  the  meeting  of  Congress  during  the 


ARTICLE  II.  171 

ordinary  time  of  recess.  Under  any  of  these  circumstances, 
the  President  may  convene  them  in  special  session.  This  is  a 
matter  of  not  infrequent  occurrence. 

And,  in  case  of  disagreement  between  them  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper.  In  the  event  of  the  happening  of  the 
remote  possibility  here  provided  against,  there  can  be  no 
question  but  that  the  President  is  the  one  most  proper  to 
intervene. 

He  shall  receive  ambassadors  and  other  public  ministers. 
In  all  civilized  nations,  it  is  customary  for  the  head  of  the 
state  to  receive  the  ambassadors  and  other  public  ministers  of 
friendly  powers.  This  provision  simply  requires  that  ordinary 
international  usage  be  followed.  But  the  President  is  not 
required  to  receive  an  ambassador  or  other  public  minister 
who  is  personally  objectionable  to  him,  or  who  is  objectionable 
to  the  Government. 

He  shall  take  care  the  laws  be  faithfully  executed.  In  this 
one  sentence  is  set  forth  the  chief  reason  for  placing  the  Presi- 
dent at  the  executive  head  of  the  Nation.  Should  he  fail  in 
enforcing  the  laws  of  the  land,  for  which  ample  power  is  given 
him,  he  would  be  subject  to  impeachment,  and  perhaps  to  other 
punishment.  But  his  concern  is  only  with  the  laws  of  the 
United  States;  the  enforcement  of  the  laws  of  the  several 
States  is  not  within  his  province. 

And  shall  commission  all  the  officers  of  the  United  States. 
This  is  a  common-sense  provision,  naturally  springing  from 
the  position  of  the  President  as  Chief-Executive  of  the  Nation. 

Section  4. 

1.  The  President,  Vice-President,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeach- 


172  CIVIL  GOVERNMENT. 

ment  for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 

This  clause  provides  that  civil  officers,  on  impeachment  and 
conviction,  must  be  removed,  and  only  leaves  it  optional  with 
the  Senate  whether  or  not  to  disqualify  them  from  again  hold- 
ing office  under  the  United  States.  This  is  as  it  should  be;  for 
it  would  be  intolerable,  if  officers  of  the  government,  convicted 
of  such  offences,  could,  through  any  means,  be  continued  in 
their  offices. 

Military  officers  are,  for  such  offences,  tried  and  punished 
by  court-martial. 


CHAPTER  IX. 

ARTICLE  III.  OF  THE  CONSTITUTION. 

Section  1. 

1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Con- 
gress may,  from  time  to  time,  ordain  and  establish.  The 
judicial  power  of  the  nation  could  be  nowhere  better  placed 
than  in  a  Supreme  Court.  But  no  one  court  could  adjudicate 
all  the  cases  properly  subject  to  its  authorit)^.  Nor  would  it 
be  possible  (on  account  of  the  distance,  time,  and  expense 
involved)  for  all  suitors  to  come  to  a  single  place  in  pursuit 
of  the  remedies  afforded  them  by  such  a  tribunal.  Hence,  the 
power  given  to  Congress  for  the  establishment  of  inferior 
courts.  In  addition  to  the  Supreme  Court  of  the  United 
States,  there  have  been  established  by  Congress  three  classes 
of  Federal  courts :  viz..  The  Circuit  Court  of  Appeals  of  the 
United  States;  the  circuit  courts  of  the  United  States;  and 
the  district  courts  of  the  United  States.  There  are  also,  Ter- 
ritorial courts,  commissioner's  courts,  and  a  Supreme  Court  of 
the  District  of  Columbia,  each  having  its  especial  jurisdiction. 

In  connection  with  the  United  States  courts,  there  are  grand 
juries,  petit  juries,  district  attorneys,  marshals,  clerks,  and 
reporters,  whose  several  functions  are  analogous  to  those  of 
similar  officers  of  the  State  courts. 

For  the  more  convenient  administration  of  justice,  the  ter- 
ritory of  the  United  States  is  divided  into  circuits  (some  of 
which  embrace  several  States)  in  each  of  which  are  several 
judges,  presided   over  by   a   Supreme   Court  judge,   who   is 


174  CIVIL  GOVERNMENT. 

required  to  attend  at  least  one  term  of  his  court  every  two 
years.  Each  circuit,  also,  is  divided  into  several  districts, 
each  presided  over  by  a  district  judge.  The  jurisdiction  of 
all  of  these  courts  is  National,  not  State.  Each  State  has  its 
own  independent  judicial  system  for  the  adjudication  of  its 
own  internal  affairs. 

The  Supreme  Court  is  the  one  feature  of  our  governmental 
system  that  commands  the  especial  admiration  and  respect 
of  every  foreign  nation. 

The  Judges,  both  of  the  Supreme  and  inferior  courts,  shall 
hold  their  offices  during  good  behavior.  This  provision  is 
very  necessary  to  ensure  the  independence  and  impartiality 
of  the  judges.  If  their  tenure  of  office  was  subject  to  curtail- 
ment through  political  influence  or  partisan  bias,  there  would 
be  such  possibility  of  their  decisions  being  influenced  by  politi- 
cal or  other  unworthy  considerations,  that  this  lofty  tribunal 
might  fail  to  command  that  degree  of  confidence  and  respect 
which  is  essential  to  its  greatest  usefulness.  When  the  judges 
of  the  Supreme  Court  have  attained  the  age  of  seventy,  they 
may  retire  with  full  pay  for  life,  provided  they  have  been 
judges  for  ten  years. 

And  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their 
continuance  in  office.  This  provision,  like  that  last  above  re- 
ferred to,  is  essential  to  the  independence  of  the  judiciary. 
They  must  not  discharge  their  duties  in  the  fear  that,  through 
an  unpopular  decision,  their  salaries  may  be  cut  down.  Con- 
gress has,  however,  power  to  increase  their  salaries;  this  on 
the  theory  that  these  positions  must  be  made  attractive  to  the 
best  legal  minds. 


ARTICLE  III.  175 

Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  and 
equity  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made  and  which  shall  be  made  under  their 
authority.  While  the  courts  have  no  power  to  alter  the  Con- 
stitution or  to  change  laws  and  treaties,  yet  cases  are  constantly 
arising  in  which  contending  parties  place  different  construc- 
tions on  these  instruments ;  or  where  the  instruments  them- 
selves are  susceptible  of  different  interpretations.  Under  such 
conditions,  it  is  the  province  of  the  courts  to  decide  the  mean- 
ing and  application  of  the  disputed  laws  —  to  construe, 
explain,  and  define  them. 

To  all  cases  ajfecting  ambassadors,  other  public  ministers, 
and  consuls.  That  is,  to  cases  affecting  such  officers  in  their 
official  capacities,  or  in  their  intercourse  with  citizens  of  other 
nations. 

To  all  cases  of  admiralty  and  maritime  jurisdiction.  There 
are  in  the  United  States  no  separate  Courts  of  Admiralty ;  but 
admiralty  jurisdiction  is,  by  this  provision,  given  to  the 
Federal  courts.  By  admiralty  jurisdiction,  may  be  under- 
stood the  power  to  hear  and  determine  all  cases  originating 
on  the  high  seas  or  on  navigable  waters  communicating  with 
the  seas  and  out  of  the  jurisdiction  of  the  ordinary  courts  of 
justice.  In  order  that  a  uniform  rule  of  justice  shall  apply  to 
all  such  cases,  it  is  evident  that  they  should  be  tried  in  the 
courts  of  the  Nation,  and  not  in  those  of  the  individual  States. 

To  controversies  ifi  which  the  United  States  shall  be  a 
party.  This  refers  only  to  cases  in  which  the  United  States 
is  plaintiff.  The  United  States  cannot  be  sued  in  any  court. 
It  would  be  contrary  to  the  sovereign  dignity  of  the  nation  to 
admit  a  right,  on  the  part  of  any  individual,  any  State,  or 


176  CIVIL  GOVERNMENT. 

another  nation,  to  sue  it,  either  in  its  own  or  in  any  other 
courts.  But  it  is  not  to  be  conceived  that  the  United  States 
would  take  advantage  of  this  immunity  to  deny  or  avoid  any 
just  or  equitable  claim.  Relief  in  such  cases  may  be  sought 
through  petition  to  Congress  or  by  application  to  courts  of 
claims  established  for  the  purpose  of  investigating  such  cases 
and  recommending  action  to  Congress.  A  somewhat  similar 
practice  occurs  in  all  countries, 

{To  controversies  between  two  or  more  States,)  between 
a  State  and  citizens  of  another  State,  between  citizens  of  dif- 
ferent States,  between  citizens  of  the  same  State  claiming  lands 
under  grants  of  different  States,  and  between  a  State,  or  the 
citizens  thereof,  and  foreign  States,  citizens,  or  subjects.  In 
all  these  classes  of  cases,  it  is  obvious  that  impartial  justice 
can  best  be  looked  for  from  the  national  tribunals.  It  must  be 
understood,  however,  that  under  no  circumstances  can  any 
State  (except  as  herein  provided),  foreign  government,  or 
ambassadorial  representative,  be  made  a  party  defendant  in 
any  court.  State  or  Federal.  All  these  may  sue  —  none  be 
sued.  Remedies  of  private  citizens  for  grievances  against 
States  and  nations  must  be  sought  by  petition  to  themselves; 
it  being  presumed  that  they  will  always  voluntarily  measure 
out  exact  justice.  The  eleventh  Article  of  Amendment  to  the 
Constitution  (which  is  treated  in  its  proper  place)  may  be 
profitably  studied  in  connection  with  these  provisions  concern- 
ing the  powers  of  the  Federal  courts. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  State  shall  be  a  party,  the 
Supreme  Court  shall  have  original  jurisdiction.  This  clause 
specifies  the  two  (and  two  only)  classes  of  cases  in  which  the 
Supreme  Court  has  original  (as  opposed  to  appellate)  juris- 
diction :  cases  in  which  a  State  shall  be  a  party,  and  cases 


ARTICLE  III.  177 

affecting  the  ambassadors,  public  ministers,  and  consuls,  of 
foreign  governments.  By  "original  jurisdiction"  is  here 
meant  that  suits,  in  the  classes  specified,  can  be  tried  in  the 
Supreme  Court  from  their  very  beginning,  both  as  to  law 
and  facts.  Where  cases  can  only  be  heard  on  appeal  from  the 
decision  of  some  lower  court,  the  jurisdiction  is  said  to  be 
appellate. 

In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact,  with 
such  exceptions  and  binder  such  regulations  as  the  Congress 
shall  make.  This  gives  appellate  jurisdiction,  as  to  both  law 
and  fact,  to  the  Supreme  Court  in  cases  other  than  the  two 
classes  considered  in  the  last  paragraph.  Ordinarily,  courts 
of  appellate  jurisdiction  take  cognizance  of  points  of  law 
only,  the  findings  of  trial  courts  as  to  matters  of  fact  being 
final. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury.  It  is  a  fundamental  right  of  citizenship  under 
a  free  government,  that  no  man  shall  be  deprived  of  life, 
liberty,  or  property,  but  by  the  law  of  the  land  or  the  judgment 
of  his  peers.  The  right  of  trial  by  jury  is  one  of  the  most 
cherished  possessions  of  the  Anglo-Saxon  race.  By  this  pro- 
vision, all  convictions  of  crime,  except  in  cases  of  impeach- 
ment, must  be  by  the  verdict  of  a  jury,  in  the  United  States 
as  well  as  in  the  State  courts.  This  subject  is  further 
treated  of  in  Articles  V.  and  VII.  of  Amendments  to 
the  Constitution ;  q.  v. 

And  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed.  It  is  evident  that  a  person 
charged  with  crime  would,  by  removal  to  a  distant  point  for 
trial,  be  prejudiced  in  the  conduct  of  his  defence.  He  might 
be  constrained  to  entrust  his  defence  to  strange  and  incom- 

18 


178  CIVIL  GOVERNMENT. 

petent  counsel;  because  unable  to  persuade  those  whom  he 
would  have  chosen  to  take  a  long  journey,  or  through  inability 
to  meet  the  expense  involved  in  this  course,  and  the  like.  In 
addition  to  this,  it  would  be  imposing  a  great  and  unnecessary 
hardship  upon  witnesses,  to  oblige  them  to  leave  their  daily 
occupations  to  attend  trials  at  a  distance;  and  would  involve 
both  them  and  the  defendent  in  burdensome  expense.  One 
of  the  principal  moving  causes  of  the  Revolution  was  the 
proposal  on  the  part  of  Great  Britain  to  remove  certain  alleged 
offenders  to  England,  to  be  tried  in  that  country  for  offences 
claimed  to  have  been  committed  in  this. 

But,  when  not  committed  within  any  State,  the  trial  shall  be 
at  such  place  or  places  as  the  Congress  may  by  law  have 
directed.  This  provision  covers  such  crimes  as  may  be  com- 
mitted at  sea,  in  government  reservations,  unorganized  terri- 
tories, and  the  like. 

Section  3. 

1.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  Treason  is  the  highest  crime 
of  which  a  citizen  can  be  guilty.  In  foreign  countries  there 
are  many  forms  of  treason  (in  England,  five)  and  often  there 
is  uncertainty  as  to  just  what  acts  are  necessary  in  order  to 
constitute  this  crime.  From  this,  at  times,  great  injustices 
have  resulted.  Acts  and  circumstances,  innocent  in  themselves, 
have,  by  forced  construction,  been  tortured  into  treason ;  and 
thus,  many  innocent  lives  have  been  offered  up  —  to  gratify 
revenge  or  to  remove  obstacles  from  the  paths  of  those  in 
power.  In  this  country,  by  this  clause  of  the  Constitution, 
treason  can  be  committed  in  two  ways,  and  in  two  ways  only : 


ARTICLE  III.  179 

by  levying  war  against  the  United  States,  or,  by  adhering  to 
their  enemies,  giving  them  aid  and  comfort. 

No  person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court.  By  this  provision,  there  can  be  no  treason 
without  an  overt  (or  open)  act  —  there  can  be  no  constructive 
treason.  And  this  open  act  must  be  proven  by  the  testimony 
of  at  least  two  witnesses.  Or  else,  it  may  be  proven  by  con- 
fession in  open  court.  This  confession  must  be  in  open  court; 
for  the  law  looks  with  a  suspicious  eye  on  confessions  made 
elsewhere.  It  regards  these  as  likely  to  have  been  made  under 
the  influence  of  threats  or  other  constraint,  promises,  misrep- 
resentations, and  the  like.  But  if  made  in  open  court,  with  a 
full  knowledge  of  its  efl'ect,  a  confession  is  not  liable  to  this 
objection. 

2.  The  Congress  shall  have  power  to  declare  the  punishment 
of  treason;  but  no  attainder  of  treason  shall  work  corruption 
of  blood,  or  forfeiture,  except  during  the  life  of  the  person 
attainted. 

Congress  has  fixed  as  the  penalties  for  treason;  death, 
imprisonment  for  a  term  of  not  less  than  five  years,  and,  a  fine 
of  ten  thousand  dollars.  Corruption  of  blood  involves  the  loss 
of  the  right  to  inherit  property  or  to  transmit  it  to  heirs.  This 
was  formerly,  under  despotic  governments,  a  favorite  penalty ; 
for,  by  it,  the  property  of  those  so  convicted  escheated  to  the 
crown. 


CHAPTER  X. 

ARTICLES  IV. -VII.  OF  THE  CONSTITUTION. 
ARTICLE  IV. 

Section  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings,  of  every  other 
State.  This  clause  provides  that  the  legal  effect  and  the 
validity  of  the  laws,  records,  judgments  and  other  judicial  pro- 
ceedings of  one  State  must  be  recognized  by  all  the  other 
States. 

And  the  Congress  may,  by  general  laws,  prescribe  the  man- 
ner in  which  such  acts,  records,  and  proceedings  shall  be 
proved,  and  the  effect  thereof.  Under  this  authorization  Con- 
gress has  made  provision  whereby  such  acts,  records,  and 
judicial  proceedings  are  provable;  and  has  declared  that  they 
shall  have  the  same  effect  in  every  court  within  the  United 
States  that  they  have  in  the  courts  of  the  State  in  which  they 
originate. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

If  it  were  not  for  this  provision,  the  citizens  of  the  several 
States  might  be  subjected  to  almost  endless  annoyances  and 
discriminations  in  travelling,  trading,  purchasing  and  selling 
property,  and  moving  and  removing  in  and  between  the 
various  States.  But,  as,  by  this  clause,  a  citizen  of  one  State 
is  entitled  to  all  the  privileges  and  immunities  of  the  citizens 
of  the  several  States,  his  citizenship  becomes  National. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or 


ARTICLES  IV.-VII.  181 

other  crime,  who  shall  flee  from  justice  and  he  found  in  another 
State,  shall,  on  demand  of  the  executive  authority  of  the  State 
from  which  he  fied,  be  delivered  up,  to  be  removed  to  the 
State  having  jurisdiction  of  the  crime. 

This  clause  provides  that  persons  formally  charged  with 
grave  crime,  who  are  alleged  to  be  fugitives  from  justice, 
shall,  on  demand,  be  delivered  up  to  the  authorities  of  the 
State  in  which  such  crime  was  committed  and  from  which  they 
have  absented  themselves.  As  the  officers  of  a  State  have  no 
authority  to  make  an  arrest  beyond  the  boundaries  of  that 
State,  this  provision  for  the  extradition  of  persons  charged 
with  crime  prevents  any  State  from  being  used  as  an  asylum 
or  harbor  of  refuge  by  criminals  from  another  State. 

The  Act  of  Congress  for  the  enforcement  of  this  clause 
provides,  in  substance, — 

That  the  Governor  of  the  State  demanding  the  surrender 
of  an  alleged  criminal  must  make,  on  the  Governor  of  the 
State  in  which  such  criminal  is  alleged  to  have  taken  refuge, 
a  requisition,  or  demand,  for  the  return  of  such  fugitive.  This 
demand  must  be  accompanied  by  a  certified  copy  of  the  indict- 
ment against  the  fugitive,  or  by  an  affidavit,  duly  authenticated 
before  a  magistrate,  alleging  that  the  person  demanded  has 
committed  a  specified  crime  within  the  State  making  the 
requisition  and  is  a  fugitive  from  justice.  It  then  becomes 
the  duty  of  the  Governor  of  the  State  in  which  such  alleged 
fugitive  criminal  may  then  be,  to  cause  his  arrest  and  deten- 
tion, pending  his  delivery  for  trial  to  the  properly  authorized 
agent  of  the  State  seeking  his  extradition. 

But  this  act  of  Congress  is  so  drawn  that  the  Governors  of 
States  use  some  discretion  in  its  application. 

It  may  be  noticed  here,  that  we  have  extradition  treaties 
with   nearly   all   foreign   nations  whereby   fugitive   criminals 


182  CIVIL  GOVERNMENT. 

are  mutually  delivered  up  to  the  country  whose  laws  they  are 
alleged  to  have  violated.  But  such  treaties  do  not  apply  to 
offenses  that  are  purely  political. 

3.  No  person  held  to  service  or  labor  in  one  State  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of 
any  law  or  regulation  therein,  be  discharged  from  such  ser- 
vice or  labor,  but  shall  be  delivered  up  on  claim  of  the  party 
to  whom  such  service  or  labor  may  be  due. 

This  provision  has  reference  to  slaves  only,  and  is,  therefore, 
no  longer  of  living  interest. 

Section  3. 

1.  New  States  may  be  admitted  by  the  Congress  into  this 
Union.  This  provision  was  made  necessary  by  the  vast  do- 
main, unsettled  and  unorganized,  wrested  from  Great  Britain 
through  the  successful  termination  of  the  Revolution.  As  this 
success  was  due  to  the  joint  efforts  of  all  the  Colonies,  it  was 
felt  that  the  territory  so  acquired  should  belong  to  the  nation 
as  a  whole,  and  not  be  divided  among  those  States  on  which 
it  bordered.  For  this  reason,  the  several  States  surrendered 
all  special  claims  on  these  lands  and  also  conveyed  to  the 
general  government  title  to  a  portion  of  the  Western  lands 
which  had  belonged  to  some  of  them  before  the  Revolution. 
From  these  lands,  new  States  were  to  be  erected  as  circum- 
stances warranted.  Nearly  all  the  territory  within  the  United 
States  proper  has  been  organized  into  States,  which  have  been 
admitted  into  the  Union  'on  an  equality,  in  all  respects  with 
the  original  thirteen  States'.  Since  the  adoption  of  the  Con- 
stitution, the  domain  of  the  United  States  has  been  vastly 
augmented :  by  purchase  from  France,  Mexico,  and  Russia ; 
by  the  annexation  of  Texas  and  Hawaii ;  and  by  successful 
wars  with  Mexico  and  Spain. 


ARTICLES  IV. -VI I.  183 

But  no  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State,  nor  any  State  be  formed  by  the 
junction  of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  legislatures  of  the  States  concerned,  as  well  as 
of  the  Congress.  The  larger  States  feared  that  their  more 
extensive  territories  might  be  cut  up  into  a  number  of  smaller 
States,  thus  lessening  their  relative  importance;  while  the 
smaller  States  were  equally  afraid  that  they  would  be  consoli- 
dated with  others,  thus  extinguishing  their  identities.  This 
provision  quieted  the  apprehensions  of  both  these  parties. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  respecting  the  territory,  or 
other  property,  belonging  to  the  United  States.  There  can 
be  no  right  of  absolute  ownership  in  anything  without  a  cor- 
responding right  of  alienation,  or  disposal.  Ownership  also 
carries  with  it  the  right  of  regulation  and  control.  Under 
this  clause,  Congress  has  the  power  to  regulate  and  govern  all 
territories  of  the  United  States  not  organized  and  erected  into 
States ;  and  to  sell,  or  otherwise  dispose  of,  all  lands  belonging 
to  the  Government. 

Under  the  provisions  of  the  Homestead  Act  and  other  laws, 
Congress  has  disposed  of  millions  of  parcels  of  unoccupied 
lands  to  immigrants  and  other  actual  settlers ;  and  has  donated 
to  new  States  and  Territories  immense  tracts  for  school  and 
other  public  purposes.  Also,  a  considerable  portion  of  the 
public  domain  has  been  given  to  railroads  to  encourage  their 
construction.  But  the  United  States  still  possesses  a  vast  ter- 
ritory subject  to  settlement,  or  included  in  National  Parks  and 
in  Indian  Reservations. 

The  portions  of  the  territory  of  the  United  States  not  in- 
cluded within  the  limits  of  any  of  the  several  States  are  gov- 


184  CIVIL  GOVERNMENT. 

erned  as;  organized  Territories,  unorganized  Territories,  and 
colonial,  or  foreign,  possessions. 

The  government  of  an  organized  Territory  is  somewhat 
similar  to  that  of  a  State.  The  voters  of  such  Territory  elect 
a  legislature,  but  this  legislature  can  only  make  such  laws  as 
are  authorized  by  Congress.  Each  Territory  also  has  a  Gov- 
ernor, judges,  and  other  officials,  but  these  are  appointed  by 
the  President  of  the  United  States.  A  Territory  is  repre- 
sented in  Congress  by  a  delegate  who  sits  in  the  House  of 
Representatives  and  has  most  of  the  privileges  of  a  member 
of  that  body,  but  who  has  no  vote.  Territories  have  no  con- 
stitutions. The  inhabitants  of  Territories  and  colonial  pos- 
sessions have  no  vote  in  national  affairs. 

Some  portions  of  our  domain,  as  Alaska,  remain  as  unor- 
ganized Territories,  not  being  believed  to  be  yet  fitted  to 
receive  the  degree  of  self-government  accorded  to  the  organ- 
ized Territories.  Congress  makes  all  the  laws  for  the  govern- 
ment of  unorganized  Territories,  and  the  President  appoints 
all  their  officers. 

Our  foreign  possessions,  Porto  Rico  and  the  Philippines, 
are  practically  governed  as  colonies.  In  many  respects  the 
form  of  their  government  resembles  that  of  an  organized 
Territory.  Their  inhabitants  are  not  citizens  of  the  United 
States. 

And  nothing  in  this  Constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States  or  of  any  particular 
State.  This  provision  applied  only  to  Western  lands  which 
were  afterward  ceded  to  the  United  States  by  the  individual 
States  claiming  their  ownership.  The  provision  has  no 
present-day  interest  or  application. 


ARTICLES  IV.-VII.  185 

Section  4. 

1.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  jorm  of  government,  and  shall  protect 
each  of  them  against  invasion,  and,  on  application  of  the  leg- 
islature or  of  the  executive  {when  the  legislature  cannot  be 
convened),  against  domestic  violence.  This  clause  guarantees 
that  the  republican  form  of  government  shall  continue  to  ob- 
tain in  every  part  of  the  Union.  It  also  gives  to  the  United 
States  the  right  and  power  to  preserve  peace  and  stability 
within  its  borders;  and  secures  to  the  several  States  quiet  and 
protection  within  their  respective  limits.  The  general  gov- 
ernment cannot,  however,  intervene  in  the  domestic  affairs  of 
any  State  except  on  the  application  of  the  legislature  of  the 
State,  or,  when  the  legislature  cannot  be  convened,  by  the 
executive  head  of  the  State. 

ARTICLE  V. 

1.  The  Congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  Constitu- 
tion, or,  on  the  application  of  the  legislatures  of  tzvo-thirds  of 
the  several  States,  shall  call  a  convention  for  proposing  amend- 
ments, which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes  as  part  of  this  Constitution,  when  ratified  by  the  leg- 
islatures of  three-fourths  of  the  several  States,  or  by  conven- 
tions in  three-fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress.  The  framers 
of  the  Constitution  were  well  aware  that  that  instrument,  as 
adopted,  might,  in  some  respects,  prove  inadequate  to  its  in- 
tended purposes;  or  that  progress,  changed  conditions,  or  the 
future  wants  of  the  nation  might  require  its  amendment,  or 
alteration,  in  some  particulars.     This  clause  provides  the  way 


186  CIVIL  GOVERNMENT. 

of  making  such  amendments  —  by  submitting  them  to  the 
several  States. 

Congress  itself  has  no  power  to  alter  or  amend  the  Consti- 
tution in  even  the  smallest  particular.  Its  power  in  this  direc- 
tion is  limited  to  the  initiatory  steps  by  which  propositions  of 
amendment  may  be  submitted  to  the  several  States ;  and  to  the 
direction  whether  such  proposed  amendments  shall  be  ratified 
directly  by  the  legislatures  of  the  several  States  or  by  consti- 
tutional conventions  called  for  that  purpose  in  each  State. 

The  manner  of  amending  the  Constitution  is : — 

Whenever,  in  the  judgment  of  two-thirds  of  both  Houses 
of  Congress  it  shall  be  necessary,  or  on  the  application  of  the 
legislatures  of  two-thirds  of  the  several  States,  Congress  shall, 
either  itself  propose  amendments,  or  else,  shall  call  a  conven- 
tion for  proposing  such  amendments.  These  amendments, 
when  ratified  by  three-fourths  of  the  several  States,  become 
parts  of  the  Constitution,  to  all  intents  and  purposes.  This 
ratification  shall  be  by  the  legislatures  of  three-fourths  of  the 
several  States  or  by  conventions  in  three  fourths  of  them,  as 
Congress  may  direct.  Thus,  no  alteration  in  the  Constitution 
can  take  place  without  the  affirmative  action  of  three-fourths 
of  all  the  States  of  the  Union.  Fifteen  amendments  have  been 
added  to  the  Constitution  since  its  original  adoption,  and  it 
may  well  be  found  needful  to  further  amend  it  in  the  future. 
In  recent  years  there  has  been  much  agitation  in  favor  of  an 
amendment  to  require  that  Senators  of  the  United  States  be 
elected  directly  by  the  people,  instead  of  by  the  various  State 
legislatures. 

Provided  that  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  ajfect  the  first  and  fourth  clauses  in  the  ninth  section 
of  the  first  article;  and  that  no  State,  without  its  consent,  shall 


ARTICLES  IV. -VII.  187 

be  deprived  of  its  equal  suffrage  in  the  Senate.  The  first  of 
these  two  provisoes  no  longer  possesses  other  than  a  historical 
interest,  the  time  of  limitation  having  long  since  expired. 

But  the  second,  that  no  State  can,  without  its  own  permis- 
sion, be  deprived  of  its  equal  representation  in  the  Senate,  is 
still  in  force;  and  is  the  only  portion  of  the  Constitution  which 
cannot,  without  disrupting  the  Union,  be  altered  or  amended, 
except  with  the  consent  of  each  State  affected  by  such  amend- 
ment. The  one  right  that  cannot  be  taken  away  from  any 
State  by  the  vote  of  three-fourths  of  all  the  States  is  the  most 
jealously  guarded  and  tenaciously  insisted  upon  prerogative 
of  the  smaller  States.  By  it,  the  smallest  State  can  continue 
to  retain  a  representation  in  the  Senate  equal  with  the  largest. 
It  is  not  at  all  likely  that  any  State  will  ever  be  induced  to 
consent  to  its  own  diminished  representation  in  the  Senate; 
and  this  provision  of  the  Constitution  will  probably  be  co- 
eternal  with  the  Union. 

ARTICLE  VI. 

1.  All  debts  contracted,  and  engagements  entered  into,  be- 
fore the  adoption  of  this  Constitution,  shall  be  as  valid  against 
the  United  States,  under  this  Constitution,  as  under  the 
Confederation. 

This  is  simply  such  a  declaration  of  the  intention  of  the 
government  under  its  new  form  (under  the  Constitution)  to 
respect  the  contracts  and  obligations  incurred  under  the  old 
form  (under  the  Articles  of  Confederation),  as  is  demanded 
alike  by  the  moral  law,  the  public  faith,  and  the  practice  of 
nations. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 


188  CIVIL  GOVERNMENT. 

United  States,  shall  be  the  supreme  law  of  the  land.  This  is 
one  of  the  most  pregnant  of  all  the  prescriptions  of  the  Con- 
stitution —  it  gives  efficacy  to  the  whole  instrument.  It  pro- 
vides that  State  laws  and  State  Constitutions  shall  be  subor- 
dinate :  —  First,  to  the  Constitution  of  the  United  States ; 
second,  to  laws  of  the  United  States  made  in  accordance  with 
the  provisions  of  the  Constitution;  and,  third,  to  all  treaties  of 
the  United  States,  made  under  the  Constitution. 

This  last  provision,  that  treaties  shall  be  the  supreme  law  of 
the  land,  has  assumed  a  new  and  increased  importance  with  the 
expansion  of  the  United  States  into  a  world-power,  and  the 
consequent  increased  number  and  importance  of  its  compli- 
cated treaties.  When  the  provisions  of  a  treaty  come  into 
contact  with  State  laws  and  constitutions,  even  though  these 
be  not  otherwise  in  conflict  with  the  laws  and  the  Constitution 
of  the  United  States,  the  treaty  must  prevail.  In  such  event, 
questions  very  difficult  of  solution  and  adjustment  may  arise. 

The  effect  of  the  clause  as  a  whole  is,  that  the  authority  of 
the  United  States,  and  not  that  of  the  several  States,  is  supreme 
in  all  parts  of  the  land.  Without  such  a  provision,  the  Con- 
stitution would  have  failed  in  its  intention  —  the  United 
States  would  have  been  without  the  authority  necessary  to 
create  a  government. 

Atid  the  judges  in  every  State  shall  be  bound  thereby,  any- 
thing in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding.  The  judges  of  the  several  States  are  thus 
especially  charged  in  relation  to  their  duties  arising  under  this 
provision,  not  because  they  are  bound  by  it  to  a  greater  degree 
than  other  officers,  and  citizens ;  but  because,  having  taken  an 
oath  of  office  to  support  the  laws  and  constitutions  of  the 
States  in  which  they  serve,  as  well  as  those  of  the  United 
States,  it  was  deemed  advisable  to  thus  specifically  provide  that 


ARTICLES  IV.-VII.  189 

in  the  event  of  conflict  between  the  institutes  of  the  several 
States  and  the  laws,  treaties,  and  Constitution  of  the  United 
States,  the  latter  should  prevail. 

3.  The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  State  legislatures,  and  all  executive 
and  judicial  officers  both  of  the  United  States  and  of  the  sev- 
eral States,  shall  be  bound  by  oath  or  affirmation  to  support 
this  Constitution;  but  no  religious  test  shall  ever  be  required 
as  a  qualification  to  any  office  or  public  trust  under  the  United 
States. 

The  propriety  of  requiring  from  all  persons,  elected 
throughout  the  United  States  to  make  laws  or  chosen  to  ad- 
minister justice,  a  solemn  oath  or  obligation  that  they  will 
support  the  Constitution,  on  which  our  government  is  founded, 
is  self-evident.  The  provision  that  no  religious  test  shall  be 
required  is  equally  proper.  This  is  a  country  dedicated  to 
liberty ;  and  every  man  is  as  much  entitled  to  liberty  of  con- 
science as  he  is  to  liberty  of  life. 

ARTICLE  VII. 

1,  The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  between 
the  States  so  ratifying  the  same. 

By  this  article,  the  ratification  of  nine  States  was  made  suf- 
ficient to  put  the  Constitution  in  force;  and  to  bind  the  States 
so  ratifying  to  its  obligations  and  entitle  them  to  its  benefits. 
Before  ratifying  the  Constitution,  it  was  within  the  choice  of 
every  State  to  enter  the  Union  under  its  provisions,  or  to 
remain  without  the  Union  and  continue  an  entirely  separate 
political  entity,  with  all  the  attributes  of  sovereignty.  But 
once  having  ratified  the  Constitution,  the  States  so  ratifying 


190  CIVIL  GOVERNMENT. 

became  integral  parts  of  the  Union.  The  right  of  a  State  to 
withdraw  from  the  Union  was,  however,  undecided,  until  the 
result  of  the  Civil  War  rendered  a  decisive  adverse  verdict. 
New  Hampshire  was  the  ninth  State  to  ratify  the  Consti- 
tution. This  ratification  was  received  by  Congress  in  July, 
1788;  and  on  that  date  our  present  government  may  be  said 
to  have  begun. 


CHAPTER  XI. 

THE   AMENDMENTS   TO  THE   CONSTITUTION. 

Articles  I.-V. 

One  of  the  strongest  objections  urged  against  the  adoption 
of  the  Constitution,  as  originally  framed,  was  that  it  con- 
tained no  Bill  of  Rights  or  other  affirmative  assertion  of  cer- 
tain personal  rights  and  privileges  which  were  popularly  held 
to  be  fundamentally  basic  of  a  free  government.  Some  minor 
defects  were  also  evident,  and  others  developed  themselves 
almost  as  soon  as  the  Constitution  went  into  effect.  Several 
of  the  State  Conventions,  in  ratifying  the  instrument,  sug- 
gested certain  provisions  for  curing  these  defects  and  for 
strengthening  and  perfecting  the  Constitution. 

In  compliance  with  these  suggestions  and  that  popular 
feeling,  the  first  ten  of  the  amendments  to  the  Constitution, 
which  are  of  the  nature  of  a  bill  of  rights,  were  proposed  by 
the  First  Congress  (in  1789),  and,  having  been  ratified  by 
the  requisite  number  of  States,  became  effective  in  1791.  The 
eleventh  article  of  amendment  was  proposed  by  the  Third 
Congress,  in  1794,  and  became  effective  in  1798.  The  twelfth 
article  of  amendment  was  proposed  by  the  Eighth  Congress, 
in  1803,  and  received  the  ratification  of  the  required  number 
of  States  in  1804.  The  remaining  articles  of  amendment  grew 
out  of  the  Civil  War,  and  were  ratified  at  the  time  of  that 
struggle  or  immediately  after  its  close. 

Article  I.  of  Amendments. 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof.     Many  of 


192  CIVIL  GOVERNMENT. 

the  early  settlers  of  this  country  had  fled  hither  solely  that 
they  might  enjoy  freedom  from  restraint  in  religious  matters. 
While  our  forefathers  were  a  profoundly  religious  people, 
they  were  bitterly  opposed  to  even  the  thought  of  a  State 
religion  —  as  their  descendants  continue  to  be  to  this  day. 
To  that  feeling  was  due  this  provision,  which  requires  that 
Church  and  State  shall  remain  absolutely  independent,  the 
one  from  the  other. 

Or  abridging  the  freedom  of  speech  or  of  the  press.  Free- 
dom to  speak  and  print  all  proper  opinions,  arguments,  and 
information,  for  or  against  any  principle  or  movement,  and 
concerning  any  person  seeking  public  office  or  support,  is  a 
privilege  so  high  and  so  essential  to  the  maintenance  of  free 
institutions,  that  it  is  difficult  to  overestimate  its  importance. 
But  this  is  not  an  unrestrained  liberty;  this  freedom  does  not 
extend  to  the  libel  or  the  slander  of  another;  and  the  courts 
enforce  a  strict  accountability  for  the  abuse  of  free  speech. 

Or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances.  Under 
monarchical  governments  not  only  have  the  people,  at  times, 
been  prevented  from  peaceably  assembling  and  petitioning 
the  crown  for  a  redress  of  their  grievances;  but  the  case  has 
frequently  been  that  such  grievances  have  been  entirely  un- 
known to  the  ruler,  from  the  fact  that  this  right  to  peaceably 
assemble  and  petition  had  been  denied  to  the  people.  But 
this  right  is  inherent  in  a  free  people;  and,  by  this  provision, 
the  government  is  precluded  from  denying  to  American  citi- 
zens their  birthright  of  peaceable  assembly  and  petition. 

Article  II.  of  Amendments. 

A  %v ell-regulated  militia  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 


THE  AMENDMENTS.  193 

Standing  armies,  unless  counterbalanced  by  an  effective 
militia  and  a  people  free  to  provide  means  for  their  own  pro- 
tection, may  become  a  menace  to  the  liberties  of  any  people. 
History  records  many  instances  where  an  entire  nation  has 
been  kept  in  subjection  by  a  comparatively  small  standing 
army,  simply  because  there  was  no  militia  and  the  citizens 
were  not  permitted  to  keep  and  bear  arms.  Our  forefathers 
here  provided  that  our  liberties  should  not  be  thus  abused. 

Article  III.  of  Amendments. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner.  Among  the  grievances  al- 
leged in  the  Declaration  of  Independence  is  the  quartering  of 
large  bodies  of  troops  among  us.  By  the  common  law  of  Eng- 
land, the  greater  portion  of  which  was  brought  with  them  by 
the  original  settlers  of  this  country,  a  man's  house  is  regarded 
as  a  place  of  peculiar  sanctity,  into  which  even  the  king  may 
not  enter  without  the  permission  of  the  owner.  This  is  as  it 
should  be.  There  should  be  one  spot  on  earth  where  each 
man  is  secured  against  trespass,  annoyance,  or  illegal  molesta- 
tion. No  invasion  of  the  hearthstone  could  be  more  oppressive 
than  that  provided  against  here,  the  quartering  of  soldiers  in 
the  houses  of  citizens,  in  time  of  peace. 

Nor  in  time  of  war  hut  in  a  manner  prescribed  by  laiv.  The 
exigencies  of  war  may,  at  times,  for  the  public  welfare,  de- 
mand a  temporary  surrender  or  suspension  of  many  personal 
rights  and  privileges.  A  person  or  a  community  may  often 
be  required  to  submit  to  present  inconvenience  for  the  perma- 
nent benefit  of  the  many.  The  contingency  here  provided  for 
is  one  of  those  cases.  In  time  of  war  it  may  become  necessary 
to  quarter  troops  in  private  houses;  but  this  can  never  be  done 

14 


194  CIVIL  GOVERNMENT. 

except  with  the  consent  of  the  owner  or  in  a  manner  pre- 
scribed by  law. 

Article  IV.  of  Amendments. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  ejects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated.  One  of  the  principal  contributing  causes 
to  the  Revolution  was  the  common  practice  of  officers  of  the 
British  Government  to  grant  general  search  warrants,  called 
"writs  of  assistance."  These  were  often  issued  in  blank,  and 
under  them,  houses  were  broken  into,  private  papers  read  and 
seized,  and  other  abuses  perpetrated.  Such  an  arbitrary 
course  of  procedure  is  so  obnoxious  to  the  spirit  of  liberty  that 
the  Constitution  here  specifically  prohibits  its  unreasonable 
exercise,  thus  insuring  the  individual  against  such  illegal 
molestation. 

And  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized. 
But  no  man's  house  should  be  permitted  to  be  a  place  for  the 
concealment  of  the  fruits  of  crime,  nor  a  refuge  for  fugitives 
from  the  law.  Therefore,  provision  is  made  that  a  magistrate 
of  competent  jurisdiction  may  issue  warrants  of  search  and 
seizure,  when  four  conditions  have  been  complied  with.  The 
person  seeking  such  warrant  must :  first,  show  a  reasonable 
and  probable  cause  why  the  warrant  should  issue;  second, 
make  an  oath  or  affirmation  to  the  truth  of  his  statements; 
third,  particularly  describe  the  place  to  be  searched;  and, 
fourth,  describe  specifically  the  persons  or  objects  to  be  seized 
under  the  warrant.  When  these  provisions  have  been  com- 
plied with,  the  warrant  so  issued  can  be  used  only  for  the 
search  of  the  place  and  the  seizure  of  the  persons  or  things  in 


THE  AMENDMENTS.  195 

it  particularly  described.  And,  if  the  oath  or  affirmation  on 
which  such  warrant  is  issued  be  knowingly  false,  the  person 
so  swearing  is  guilty  of  perjury,  and  may  be  prosecuted  and 
punished  for  that  crime. 

Article  V.  of  Amendments. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury.  The  manner  of  the  indictment  (or  the  present- 
ment) and  trial  of  a  person  accused  of  crime  has  been  de- 
scribed at  length  in  the  Sixth  Chapter  of  the  First  Part  of  this 
work,  to  which  reference  may  here  be  had.  The  terms,  "pre- 
sentment," "indictment,"  "grand  jury,"  etc.,  are  also  there 
defined  and  explained.  By  capital  crime  is  here  meant,  a 
crime  punishable  with  death.  Criminal  procedure  and  crim- 
inal trials  are  very  similar  in  the  courts  of  each  of  the  several 
States  and  in  the  courts  of  the  United  States. 

Except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service,  in  time  of  war  or  public  danger. 
In  time  of  war  or  public  danger  the  country  may  be  so  dis- 
turbed that  the  usual  and  orderly  administration  of  justice 
may  be  interrupted  and  the  functions  of  the  courts  even  en- 
tirely suspended.  In  such  case,  crimes  should  not  be  allowed 
to  be  committed  with  impunity.  Nor  should  infractions  of 
military  discipline,  the  smallest  of  which  may,  at  a  critical 
time,  involve  the  most  disastrous  consequences,  then  be  per- 
mitted to  follow  the  ordinary  leisurely  administration  of  mili- 
tary justice.  Under  such  conditions,  the  country,  or  that 
portion  of  it  directly  affected,  is  placed  under  martial  law; 
and  criminal  and  military  offenders  are,  without  the  formality 
of  indictment,  tried  by  summary  court-martial  or  military 
commission.     Arbitrary  and  despotic  as  this  course  may  seem, 


196  CIVIL  GOVERNMENT. 

conditions  may  arise  in  which  it  is  essential  to  the  public 
safety.  But  ordinary  civil  disputes  are  not  subject  to  such 
jurisdiction. 

Nor  shall  any  person  be  subject,  for  the  same  ojfense,  to  be 
twice  put  in  jeopardy  of  life  or  limb.  'To  be  put  in  jeopardy 
of  life  or  limb'  is  a  legal  phrase  meaning  simply,  to  be  tried 
for  crime.  But  for  the  provision  contained  in  this  clause,  a 
person  might  be  subjected  to  numberless  trials  for  the  same 
offence,  although  each  time  acquitted;  and  thus,  in  effect,  re- 
ceive a  punishment  far  greater  than  that  provided  by  law  for 
the  crime  of  which  he  was  accused.  If  a  trial  be  interrupted 
before  the  jury  has  rendered  its  verdict,  or  if  the  jury  dis- 
agrees as  to  its  verdict,  no  matter  how  many  times  this  may 
happen,  a  person  is  not  considered,  in  law,  to  have  been  placed 
in  jeopardy;  and  he  may  continue  to  be  tried  until  a  jury 
finds  him  either  "guilty"  or  "not  guilty."  In  practice,  a  per- 
son is  seldom  again  tried,  if  three  juries  have  failed  to  agree 
upon  a  verdict.  However,  a  person  who  has  been  convicted 
of  a  crime  may,  if  he  think  that  any  error  has  been  committed, 
apply  for  a  new  trial;  and  if  this  is  granted,  he  may,  at  such 
subsequent  trial,  be  again  convicted,  and  may  receive  a  sen- 
tence more  severe  than  that  at  first  adjudged  against  him. 

Nor  shall  be  compelled^  in  any  criminal  case,  to  be  a  witness 
against  himself.  It  is  manifestly  unfair  that  a  person  should 
be  compelled  to  convict  himself  out  of  his  own  mouth.  Yet, 
for  many  centuries  this  was  the  uniform  practice  of  all  coun- 
tries, and  accused  persons  were  even  put  to  the  most  excru- 
ciating tortures  in  order  to  extort  a  confession.  Under  the 
influence  of  advancing  enlightenment  and  under  a  more  mer- 
ciful administration  of  justice,  torture  has  practically  disap- 
peared from  all  civilized  countries  (except  China)  ;  and  there 
are  but  few  countries  remaining  in  which  a  person  accused  of 


THE  AMENDMENTS.  197 

crime  is  compelled  to  give  testimony  at  his  own  trial.  In  this 
country,  justice  is  so  tender  of  the  rights  of  accused  persons 
that  it  is  made  the  duty  of  officers  taking  them  into  custody 
to  warn  them  that  whatever  they  may  say  will  be  used  against 
them.  Even  voluntary  confessions,  unless  made  in  open  court, 
are  looked  upon  with  grave  suspicion. 

Nor  be  deprived  of  life,  liberty,  or  property,  without  due 
process  of  law.  The  guarantee  of  life,  liberty,  and  property,  is 
the  principal  object  for  which  governments  are  instituted;  and 
if  a  person  can  be  deprived  of  these  fundamental  rights  only 
by  due  process  of  law,  he  may  be  said  to  be  secure  in  them. 
By  due  process  of  law  is  meant  that  certain  judicial  forms  and 
principles,  applicable  to  all  similar  cases  whatsoever,  must  be 
followed.  These  forms  and  the  manner  of  applying  these 
principles  are  established  by  law. 

Nor  shall  private  property  be  taken  for  public  iise,  without 
just  compensation.  This  is  an  assertion  of  the  right  of  eminent 
domain,  or  that  right  which  inheres  in  every  government  of 
taking  private  property  for  necessary  public  uses,  at  a  fair 
valuation.  It  is  to  be  noticed  that  this  government  can  only 
acquire  property  against  the  will  of  its  owner  under  three 
conditions :  it  must  be  for  public  use,  it  must  be  necessary  to 
that  public  use,  and  it  must  be  paid  for  at  a  fair  valuation. 
The  reason  for  this  right  of  eminent  domain  is  obvious.  For 
instance,  if  it  were  not  for  this  power  on  the  part  of  the  gov- 
ernment, an  individual  might  own  a  small  piece  of  land  on 
which  alone  a  fort  necessary  to  the  defence  of  a  great  city 
could  be  constructed.  This  property  might  have  an  actual 
value  of  but  a  few  dollars;  yet  the  owner,  through  selfishness 
and  greed,  might  refuse  to  part  with  it  for  the  national  de- 
fence unless  he  were  paid  many  millions  of  dollars.  This 
would  be  intolerable;  and  under  such  circumstances  the  Nation 


198  CIVIL  GOVERNMENT. 

may  exercise  its  right  of  eminent  domain,  by  taking  posses- 
sion of  the  property  and  paying  the  owner  a  fair  price,  fixed 
by  disinterested  commissioners.  This  right  has  been  extended 
to  the  taking  of  private  property  for  quasi-public  uses ;  as,  the 
building  of  railroads,  canals,  and  the  like. 


CHAPTER  XII. 

THE   AMENDMENTS   TO   THE   CONSTITUTION. 

Articles  VI.-X. 
Article  VI.  of  Amendments. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial.  An  accused  person  is  en- 
titled to  a  speedy  trial ;  because,  being  considered,  by  presump- 
tion of  law,  innocent,  until  pronounced  guilty  by  the  verdict  of 
a  jury  of  his  fellows,  it  is  manifestly  unjust  that  he  should  be 
imprisoned  for  a  lengthy  period,  awaiting  the  determination 
of  the  charge  against  him.  Then  too,  the  witnesses  in  the 
case  may  have  become  scattered ;  or,  like  the  accused,  suffer 
uncalled-for  hardships  through  imprisonment  while  awaiting 
trial. 

And  a  person  is  entitled  to  a  public  trial  because  justice 
should  be  done  in  the  light  of  the  day  —  openly  and  impar- 
tially —  so  that  its  administration  may  be  seen  and  known  of 
all  men. 

By  an  impartial  jury.  The  right  to  trial  by  a  jury  of  his 
peers  is  a  right  dear  to  the  heart  of  man.  The  decision  of  such 
a  jury  may  be  said  to  embody  the  common-sense  of  the  com- 
munity, as  the  law  may  be  said  to  embody  the  common  con- 
science. By  an  impartial  jury,  is  meant  one  whose  members 
have  formed  no  decided  opinion  regarding  the  guilt  or  inno- 
cence of  the  accused ;  and  who  can  truly  swear  to  bring  in  a 
verdict  in  accordance  with  the  law  and  the  evidence.  Juries 
and  trials  are  more  fully  discussed  in  Chapter  VI.  of  Part  I. 
of  this  volume,  which  see. 


200  CIVIL  GOVERNMENT. 

Of  the  State  and  district  wherein  the  crime  shall  have  been 
committed.  This  is  on  the  theory  that  the  people  of  the 
vicinity  in  which  a  crime  has  been  committed  are  more  inter- 
ested in  seeing  justice  fairly  and  impartially  administered  in 
relation  to  such  crime  than  would  be  the  people  of  a  remoter 
district;  and  to  the  further  facts  that  less  expense  is  incurred 
by  the  public  and  less  inconvenience  and  annoyance  is  caused 
to  witnesses,  when  the  trial  is  held  near  the  scene  of  the  com- 
mission of  the  crime. 

Which  district  shall  have  been  previously  ascertained  by 
law.  Crimes  against  the  laws  of  the  United  States  are  triable 
in  the  District  Court  of  the  Federal  District  in  which  they 
were  committed ;  and  those  against  the  laws  of  the  individual 
States  are  triable  in  the  courts  of  the  county  in  which  the  crime 
took  place,  unless,  by  reason  of  prejudice  or  popular  excite- 
ment, a  fair  trial  is  not  likely  to  be  had.  In  this  last  event, 
the  venue,  or  place  of  trial,  is  changed  to  a  near-by  county. 

And  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion. This  information  is  furnished  by  the  indictment.  An 
indictment  is  a  formal  charge  of  crime  or  misdemeanor  pre- 
ferred to  a  court  by  a  grand  jury  under  oath.  An  indictment 
must  be  in  writing  and  must  set  forth  the  offence  "with  clear- 
ness and  all  necessary  certainty,  to  apprise  the  accused  of  the 
crime  with  which  he  stands  charged."  It  must  completely 
describe  the  facts  and  circumstances  constituting  the  crime 
and  must  show  that  the  grand  jurors  by  whom  it  was  found 
were  under  oath.  Further,  it  must  set  forth:  the  court  in 
which,  the  grand  jurors  by  whom,  and  the  time  and  place  at 
which  the  indictment  was  found. 

To  be  confronted  with  the  witnesses  against  him.  No 
criminal  case  can  be  tried  unless  the  prisoner  is  present  at  the 
bar  at  every  stage  of  the  proceedings.     He  is  entitled  to  be 


THE  AMENDMENTS.  201 

confronted  with  the  witnesses  against  him ;  that  is,  when  they 
are  giving  their  evidence  at  the  trial.  This  is  in  order  that  he 
may  be  in  a  position  to  detect  and  refute  any  false  statements 
that  may  be  made;  and  in  order  that  he  may  cross-examine 
adverse  witnesses  in  relation  to  matters  about  which  they  have 
testified.  This  is  one  of  the  most  valuable  privileges  of  a 
person  accused  of  crime. 

To  have  compulsory  process  for  obtaining  ivitnesses  in  his 
favor.  It  would  be  unbearable  if  a  person  were  liable  to  con- 
viction for  crime  when  there  were  witnesses  to  his  innocence 
who  would  not  testify  in  court  to  the  facts  within  their  knowl- 
edge. This  provision  of  the  Constitution  enables  the  accused 
to  compel  the  attendance  of  such  recalcitrant  witnesses. 

And  to  have  the  assistance  of  counsel  for  his  defence.  The 
intricacies  of  the  law  are  so  great  and  its  technical  require- 
ments so  many,  that  a  person  unskilled  in  legal  procedure  is 
at  a  very  great  disadvantage,  unless  he  be  provided  with  pro- 
fessional assistance.  In  America,  it  might  seem  that  this  pro- 
vision of  the  Constitution  is  unnecessary ;  yet  in  England,  up 
to  within  a  comparatively  few  years,  a  person  was  not,  in 
many  criminal  cases,  allowed  the  benefit  of  counsel.  It  is  the 
practice  in  this  country,  in  cases  where  the  accused  is  unable 
to  employ  counsel,  for  the  court  to  assign,  or  appoint,  an  at- 
torney for  his  defence. 

Article  VII.  of  Amendments. 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  fury  shall  be  pre- 
served. The  importance  that  was  attached  to  the  principle  of 
trial  by  jury  is  shown  by  the  fact  that  it  is  asserted,  in  some 
form,  in  nearly  all  of  the  State  constitutions.     The  object  of 


202  CIVIL  GOVERNMENT. 

this  provision  is,  to  put  beyond  all  question  the  right  of  citi- 
zens to  a  jury  trial  in  civil  as  well  as  in  criminal  cases.  The 
amount  of  $20.00  is  named  simply  because  it  was  desirable  to 
fix  some  sum,  under  which  the  expense  of  a  jury  trial  is  not 
warranted. 

By  common  law  is  meant  immemorial  custom  and  that  body 
of  the  English  law  which  was  in  force  at  the  time  of  the 
Declaration  of  Independence.  In  legal  contemplation  there 
are  two  kinds  of  law,  both  equally  binding:  the  common  law, 
above  defined;  and  statute  law,  or  laws  passed  by  the  legisla- 
tures of  the  diff"erent  States  or  by  the  Congress  of  the  United 
States. 

And  no  fact,  tried  by  a  jury,  shall  be  otherwise  re-examined 
in  any  court  of  the  United  States  than  according  to  the  rules 
of  the  common  law.  The  rules  of  the  common  law,  here  re- 
ferred to,  are  complicated  and  technical,  and  relate  to  the 
grounds  on,  and  the  manner  in  which  a  case  tried  in  one  court 
may  be  appealed  to  a  higher  court  on  some  point  of  law,  or  on 
error  alleged  to  have  been  committed  at  the  trial  in  the  lower 
court.  If  such  appeal  is  decided  in  favor  of  the  appellant,  the 
case  is  sent  back  to  the  lower  court  for  re-trial  with  the  error 
corrected  or  eliminated.  This  provision  applies,  of  course, 
only  to  the  United  States  courts,  and  not  to  those  of  the  sev- 
eral States. 

Article  VIII.  of  Amendments. 

Excessive  bail  shall  not  be  required.  Bail  is  security  given 
for  the  appearance  of  an  accused  person  at  a  certain  time  and 
place  to  answer  in  court  to  the  charges  against  him.  The 
amount  of  bail  to  be  given  (which  is  usually  furnished  by 
bondsmen)  is,  in  most  cases,  fixed  by  the  magistrate  before 
whom  the  prisoner  is  first  brought,  which  must  be  as  soon  as 


THE  AMENDMENTS.  203 

possible  after  his  arrest.  The  sum  in  which  bonds  are  re- 
quired is  usually  governed  by  the  gravity  of  the  charge  and 
the  degree  of  the  presumption  of  the  guilt  of  the  accused. 
While  it  is  perfectly  proper  to  demand  a  very  heavy  security 
in  the  case  of  a  person  charged  with  a  grave  crime,  and  where 
the  probability  of  his  guilt  is  strong;  yet  this  provision  insures 
that  unreasonably  heavy  security  shall  not  be  required  in  cases 
of  misdemeanor  or  in  charges  of  trifling  importance,  involving 
neither  heavy  penalties  nor  great  moral  turpitude. 

As  a  general  rule,  persons  accused  of  crime  are  entitled  to 
be  "bailed  out"  on  adequate  security,  except  in  cases  involving 
the  death  or  other  highest  penalty  that  may  be  inflicted  under 
the  laws  of  the  State.  When  a  person  has  given  bonds  for  his 
appearance  in  court  when  wanted,  he  is  set  at  liberty  in  the 
custody  of  the  persons  who  have  become  surety  for  him.  In 
the  event  of  his  failure  to  appear  at  the  specified  time  and 
place,  his  bail  is  declared  to  have  been  forfeited,  and  the 
amount  is  collected  from  his  bondsmen  for  the  benefit  of  the 
State. 

Nor  excessive  fines  imposed.  Some  classes  of  crimes  are 
punished,  in  whole  or  in  part,  by  the  imposition  of  fines.  The 
intention  of  this  provision  is  to  prevent  the  imposition  of  fines 
out  of  proportion  to  the  offence  which  they  are  designed  to 
punish.  The  reason  of  this  is  better  understood  when  it  is 
remembered  that  in  the  case  of  a  prisoner's  inability  to  pay 
his  fine,  he  is  usually  obliged  to  serve  one  day  in  prison  for 
each  dollar  of  the  fine  so  unpaid.  Thus,  a  fine  of  one  thousand 
dollars  might  be  excessive  in  the  case  of  a  poor  man,  to  whom 
it  would  be  equivalent  to  nearly  three  years'  imprisonment; 
while  in  the  case  of  a  rich  man,  it  would  hardly  be  a  punish- 
ment worth  the  name. 

Nor  cruel  and  unusual  punishments  inflicted.     In  view  of 


204  CIVIL  GOVERNMENT. 

the  spirit  of  humanity  pervading  the  penal  laws  of  the  present 
day,  it  might  seem  that  this  provision  was  unnecessary.  But 
it  must  be  recalled  that,  comparatively  speaking,  it  is  but  a 
few  years  since  such  punishments  as  pressing  to  death,  boiling 
in  oil,  and  tearing  apart  by  wild  horses,  were  frequently 
inflicted. 

In  considering  criminal  laws  and  the  treatment  of  criminals, 
it  should  be  borne  in  mind  that  such  laws  and  such  punish- 
ments are  not  intended  to  inflict  revenge  on  the  criminal  for 
what  he  has  done;  but  are  corrective  in  their  purpose.  They 
are  intended  as  warnings  to  him  and  to  others  against  the 
commission  of  like  crimes  in  the  future.  In  short,  criminal 
law  is  remedial,  and  not  vindictive  in  its  nature. 

Article  IX.  of  Amendments. 

The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people.  The  f  ramers  of  the  Constitution  were  haunted  by  the 
fear  that,  by  reason  of  some  oversight  or  omission,  the  whole 
intent  of  the  instrument  might  be  nullified.  This  is  one  of 
several  provisions  introduced  for  the  purpose  of  guarding 
against  such  possibility.  Silence  on  the  part  of  the  Constitu- 
tion in  regard  to  some  of  the  rights  of  the  people,  neither  les- 
sens nor  takes  away  such  rights. 

Article  X.  of  Amendments. 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

This  provision  of  the  Constitution  is  somewhat  similar  in 
intent  to  that  immediately  preceding. 


THE  AMENDMENTS.  205 

From  different  constructions  of  this  clause  of  the  Constitu- 
tion sprung  that  doctrine  of  State-Rights  which  resulted  in 
two  of  the  greatest  crises  in  our  history  —  the  Nullification 
Acts,  under  the  administration  of  Jackson,  and  the  Secession, 
under  the  presidency  of  Lincoln.  And  signs  are  not  wanting 
that  another  phase  of  the  doctrine  of  a  strict  construction  of 
the  Constitution  may  again  become  foremost,  in  connection 
with  a  growing  advocacy  for  Federal  control  of  the  great 
railway  systems,  trusts,  and  industrial  combinations,  which 
are  coming  to  be,  more  and  more,  dominant  forces  in  the  land. 

There  have  always  been  in  this  country  two  great  parties  — 
one,  a  party  contending  for  a  strict  construction  of  the  Con- 
stitution according  to  its  word  and  letter;  the  other,  for  a 
broad  construction,  in  harmony  with  what  they  believe  to  be 
its  intention  and  in  the  light  of  changed  conditions  and  pro- 
gressive growth.  This  is  not  the  place  for  the  discussion  of 
the  tenets  of  these  two  schools  of  thought.  It  must  suffice  to 
say  that  the  trend  of  events  has  been  toward  a  broad  con- 
struction and  toward  the  enlargement  of  the  powers  of  the 
Federal  Government. 

In  the  near  future,  great  destinies  will  probably  depend 
upon  the  relations  between  the  several  States  and  the  Nation, 
as  these  relations  may  be  interpreted  in  connection  with  this 
clause  of  the  Constitution, 


CHAPTER  XIII. 

THE   AMENDMENTS   TO   THE   CONSTITUTION, 

Articles  XI. -XII. 

Article  XI.  of  Amendments. 

The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity  commenced  or 
prosecuted  against  one  of  the  United  States  by  citizens  of  an- 
other State,  or  by  citizens  or  subjects  of  any  foreign  State. 

It  is  one  of  the  prerogatives  of  all  sovereignties  that  they 
may  not  be  sued  without  their  own  consent.  This  clause  sim- 
ply acknowledges  that,  in  this  respect,  the  sovereignty  of  the 
several  States  is  absolute,  in  relation  to  suits  brought  by  in- 
dividuals. States  may  sue;  but  they  may  not  be  sued,  by  their 
own  or  by  the  citizens  of  other  States  or  of  foreign  nations. 

Article  XII.  of  Amendments. 

1.  The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President.  This  pro- 
vision was  designed  to  secure  the  discussion  and  selection  of 
the  men  most  fitted  for  these  high  offices.  But  since  the  com- 
ing in  of  the  practice  of  pledging  the  Electors  to  vote  for  the 
candidates  of  their  respective  parties,  this  meeting  and  ballot- 
ing is  a  mere  matter  of  form.  The  whole  of  this  Article  takes 
the  place  of  and  supersedes  the  Third  Clause  of  the  First 
Section  of  Article  II.  of  the  Constitution. 

One  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.     This  provision  lessens  (but  does 


THE  AMENDMENTS.  207 

not  prevent)    the  probability  of  both   of  these  offices  being 
filled  by  residents  of  the  same  State. 

They  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President.  This  is  to  prevent  the  possibility  of  confusion  and 
mistake. 

And  they  shall  make  distinct  lists  of  all  persons  voted  for 
as  President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each.  In  order  that,  should  any 
question  arise,  there  may  be  a  complete  official  record  of  the 
proceedings. 

Which  lists  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government  of  the  United  States,  directed 
to  the  President  of  the  Senate.    This  clause  provides  for : — 

First:  The  attestation  and  verification  of  the  records  and 
results  of  the  election,  that  they  may  be  indisputable; 

Second :  Their  transmission,  sealed,  that  they  may  not  be 
tampered  with,  to  the  seat  of  the  government,  where  their  out- 
come is  to  be  ascertained;  and. 

Third:  Their  delivery  to  the  President  of  the  Senate,  by 
whom  they  are  to  be  opened,  in  the  presence  of  both  Houses 
of  Congress. 

The  practice,  fixed  by  law,  is:  For  the  Electors  of  each 
State  to  meet  at  a  place  designated  by  the  legislature  of  that 
State  (which  place  is  usually  the  capital)  on  the  first  Wednes- 
day of  December  next  after  their  election,  and  cast  their  votes 
for  President  and  Vice-President.  They  then  make  and  sign 
three  certificates  of  all  the  votes  given  by  them,  which  certifi- 
cates they  seal  up,  after  certifying  on  each  of  them  that  it  con- 
tains a  list  of  the  votes  of  their  State  for  President  and  Vice- 
President  respectively.  The  original  of  these  certificates  is 
taken  charge  of  by  a  person  appointed  for  the  purpose,  and 


208  CIVIL  GOVERNMENT, 

are  by  him  delivered  to  the  President  of  the  Senate,  at  the  seat 
of  government,  before  the  first  Wednesday  of  January  next 
succeeding.  One  copy  is  immediately  mailed  to  the  seat  of 
government,  addressed  to  the  President  of  the  Senate;  and 
the  other  is  deposited  with  the  Federal  court  in  the  district 
in  which  the  meeting  of  the  Electors  was  held,  in  order  that 
it  may  be  preserved  in  event  of  accident  or  miscarriage  of  the 
others. 

The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates. 
It  is  fitting  that  a  proceeding  of  such  moment  should  be  con- 
ducted with  the  utmost  dignity,  and  with  every  safeguard 
against  unfairness. 

And  the  votes  shall  then  be  counted.  This  proceeding  takes 
place  in  the  House  of  Representatives  on  the  second  Wednes- 
day of  the  February  next  following  the  general  election,  and 
is  executed  by  "tellers"  appointed  by  the  Senate  and  House 
of  Representatives,  for  that  purpose. 

The  person  having  the  greatest  number  of  votes  for  Presi- 
dent shall  be  the  President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed.  This  is  in  accord- 
ance with  a  fundamental  principle  of  our  institutions  —  the 
rule  of  the  majority.  In  most  minor  elections  a  plurality  of 
the  votes  cast  is  sufficient  for  a  choice;  but  in  a  case  of  so 
great  importance  as  the  election  of  a  President  or  Vice-Presi- 
dent, the  Constitution  wisely  requires  a  majority  of  all  the 
Electors  appointed. 

By  majority  is  meant  more  than  half  of  a  number  of  votes : 
by  plurality,  more  votes  for  one  individual  than  for  any  other 
of  three  or  more,  but  less  than  half  of  the  whole  number. 

And  if  no  person  have  such  majority,  then,  from  the  persons 
having  the  highest  mimbers,  not  exceeding  three,  on  the  list 


THE  AMENDMENTS.  20^ 

of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  President.  As  the 
members  of  the  House  of  Representatives  are  more  directly- 
representative  of  the  people  and  responsible  to  them  than  is 
the  Senate,  the  Constitution  provides  that  in  the  event  of  a 
failure  on  the  part  of  the  people  to  express  a  choice  for  Presi- 
dent, in  the  manner  required  by  law,  the  House  of  Represen- 
tatives shall  select  the  President.  This  selection  must  be  by 
ballot  and  from  among  the  three  persons  who  received  the 
highest  number  of  Electoral  votes,  thus  excluding  all  persons 
who  received  no  such  votes  and  those  who  received  but  a  small 
number  of  them. 

But,  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote. 
Each  State  has,  thus,  an  equal  voice  in  the  selection  of  the 
President.  This  is  in  order  to  prevent  the  more  populous 
States  from  exercising,  through  their  larger  representation,  a 
preponderating  sectional  influence  in  the  selection  of  a  Chief- 
Magistrate  for  the  whole  country. 

A  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  The  framers  of  the 
Constitution  deemed  the  selection  of  a  President  to  be  a  matter 
of  too  grave  importance  to  be  ever  decided  by  a  simple  ma- 
jority of  a  majority  of  the  States.  So  they  provided  that  at 
least  two-thirds  of  the  States  must  be  represented  on  the  floor 
of  the  House  of  Representatives  before  such  election  may  be 
proceeded  with ;  and  that  a  majority  of  all  the  States,  not 
merely  a  majority  of  those  represented  at  this  selection,  shall 
be  necessary  to  the  choice  of  the  President. 

Under  this  Amendment,  but  one  President  has  been  chosen 

15 


210  CIVIL  GOVERNMENT. 

by  the  House  of  Representatives  —  John  Quincy  Adams,  in 
1825. 

And  if  the  House  of  Representatives  shall  not  choose  a 
President,  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then  the 
Vice-President  shall  act  as  President,  as  in  the  case  of  the 
death,  or  other  constitutional  disability,  of  the  President.  It 
is  evident  that  some  provision  should  exist  for  filling  the  office 
of  President  in  the  event  of  a  "deadlock"  or  other  reason  pre- 
venting the  House  of  Representatives  from  selecting  a  Presi- 
dent before  the  expiration  of  the  term  of  the  out-going 
President,  The  Vice-President  is  the  logical  choice  in  such  a 
contingency,  and  the  Constitution  so  provides. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice- 
President  shall  be  Vice-President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed.  This  provision 
refers  to  the  opening  and  counting  of  the  votes  in  Congress, 
and  is  the  same  as  the  procedure  in  the  case  of  the  office  of 
President. 

And  if  no  person  have  a  majority,  then,  from  the  two  high- 
est numbers  on  the  list,  the  Senate  shall  choose  the  Vice- 
President.  It  will  be  noticed  that  this  provision  differs  in  two 
particulars  from  that  relating  to  the  selection  of  the  President : 
First,  the  Vice-President  is  to  be  selected  from  the  two  high- 
est numbers  on  the  list;  and,  second,  he  is  to  be  chosen  by  the 
Senate,  and  not  by  the  House  of  Representatives.  There 
were  a  number  of  reasons  for  this  last  distinction,  the  chief 
being  that  the  Vice-President  presides  over  the  deliberations 
of  the  Senate,  in  his  capacity  of  President  of  the  Senate,  and 
it  was  thought  but  reasonable  that  this  body  should  have  the 
selection  of  the  officer  who  was  to  preside  over  them. 

A  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 


THE  AMENDMENTS.  211 

whole  number  of  Senators;  arid  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice.  As  each  of  the  States  is 
equally  represented  in  the  Senate,  this  gives  every  State  an 
equal  voice  in  such  selection  of  Vice-President. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 

Obviously,  the  Vice-President,  who  may  be  called  upon  to 
take  the  place  of  the  President,  should  have  the  same  qualifica- 
tions for  eligibility  to  office. 


CHAPTER  XIV. 

THE   AMENDMENTS    TO   THE   CONSTITUTION. 

Articles  XIII.- XV. 
Article  XIII.  of  Amendments. 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

This  article  of  amendment  has,  for  those  of  the  present 
generation,  only  a  historical  interest.  Yet  around  the  question 
of  slavery,  and  in  our  own  fair  land,  was  waged,  not  many 
years  since,  one  of  the  greatest  wars  the  world  has  ever 
known.  Slavery  no  longer  exists  in  any  Christian  country, 
and  its  consideration  need  not  be  entered  upon  in  a  work 
treating  of  the  civil  government  under  which  we  are  living. 

2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

While  the  power  to  carry  into  effect  any  power  granted  by 
the  Constitution  may  be  considered  as  implied  in  the  grant; 
yet,  in  some  instances,  of  which  this  is  one,  a  specific  authoriza- 
tion is  also  given  to  Congress. 

Article  XIV.  of  Amendments. 

1.  All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside.  This  clause  de- 
fines what  constitutes  a  citizen  of  the  United  States  and  of  the 


THE  AMENDMENTS.  213 

individual  States.      In  Article  IV.  of  the  Constitution,  pro- 
vision is  made  that  the  citizens  of  each  State  shall  be  entitled 
to  all  the  privileges  and  immunities  of  the  citizens  of  the  sev- 
eral States,  but  does  not  declare  the  properties  of  such  citizen- 
ship.    So  that  there  may  be  no  question  concerning  who  are 
citizens,  both  of  State  and  nation,  the  present  clause  prescribes 
that  all  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  its  jurisdiction,  are  citizens  of  the  United  States 
and  of  the  State  in  which  they  have  their  legal  residence.    No 
distinction  is  made  of  color,  race,  creed  or  sex.     Women  and 
children  are  citizens,  as  well  as  men,  even  though  they  be 
denied  the  equal  privilege  of  suffrage.     While  all  naturalized 
citizens  of  the  United  States  are  entitled  to  equal  civil  rights 
with  those  who  are  native  born ;  yet,  under  our  naturalization 
laws,  only  those  of  Caucasian  or  African  birth  or  descent  may 
become  naturalized.     The  privilege  of  suffrage  is  within  the 
regulation    of    the    several    States,    and    may    be    denied    to 
naturalized   citizens   at   their   discretion.      But,   by   the   next 
article  of  amendment,  this  must  be  for  some  other  cause  than 
race,  color,  or  previous  condition  of  servitude. 

No  State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States. 
Former  slaves  having  become  full  citizens  of  the  United  States 
and  of  the  individual  States  in  which  they  reside,  are  secured 
by  this  provision  against  any  dimunition  of  their  privileges 
and  immunities.  The  provision  is,  of  course,  general  in  its 
application;  but,  like  the  other  articles  of  amendment  passed 
at  about  the  same  time,  it  had  its  origin  in  the  questions  grow- 
ing out  of  the  abolition  of  slavery. 

Nor  shall  any  State  deprive  any  person  of  life,  liberty,  or 
property,  without  due  process  of  law,  nor  deny  to  any  person 
within  its  jurisdiction  the  equal  protection  of  the  laws.     Also 


214  CIVIL  GOVERNMENT. 

growing  out  of  the  abolition  of  slavery,  this  provision  was 
designed  to  give  the  freedmen  equal  rights  with  white  citi- 
zens. All  of  the  articles  of  amendment  after  the  Xllth  had 
this  object  especially  in  view. 

2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  President  and  Vice-President  of  the 
United  States,  representatives  in  Congress,  the  executive  and 
Judicial  officers  of  a  State,  or  the  members  of  the  legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  State, 
being  twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  re- 
bellion or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such  male 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty- 
one  years  of  age  in  such  State. 

Under  the  provisions  of  the  Fourteenth  Article  of  Amend- 
ment, the  liberated  slaves  acquired  no  right  of  franchise;  nor 
was  this  privilege  given  them  until  the  adoption  of  the 
Fifteenth  Amendment,  in  1870.  The  effect  of  the  clause 
under  present  discussion  is  to  repeal  that  portion  of  Article 
V.  of  the  Constitution  which  provided  for  the  representation 
of  "three-fifths  of  all  other  persons,"  as  that  number  should 
be  determined  by  the  census;  and  to  require  that  former 
slaves  (and  other  male  citizens  over  the  age  of  twenty-one) 
should  not  be  included  in  the  enumeration  on  which  the  repre- 
sentation of  the  respective  States  in  the  House  of  Representa- 
tives is  based,  unless  such  former  slaves  and  other  citizens  are 
permitted  to  exercise  the  privilege  of  suffrage. 

3.  No  person  shall  be  a  senator  or  representative  in  Con- 


OF    THE  \ 

UNIVERSITY    ) 
THE  AMENDMENTSy^^^"^'-  '^''^      215 

gress,  or  elector  of  President  and  Vice-President,  or  hold  any 
ojjice,  civil  or  military,  under  the  United  States  or  under  any 
State,  who  having  previously  taken  an  oath  as  a  -member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or  judicial  officer 
of  any  State,  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against  the 
same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
Congress  may,  by  a  vote  of  two-thirds  of  each  House,  remove 
such  disability. 

This  clause  was  designed  to  prevent  the  States  lately  in 
armed  resistance  to  the  authority  of  the  United  States  from 
electing  to  office,  from  among  the  classes  specified,  those  who 
had  given  their  adherence  to  the  cause  of  the  seceding  States. 
The  disabilities  imposed  by  this  provision  are,  it  will  be  no- 
ticed, entirely  political  in  their  nature.  From  time  to  time 
prior  to  the  war  with  Spain,  Congress  made  use  of  the  au- 
thority given  to  remove  such  disabilities ;  until  nearly  all  seek- 
ing the  privilege  were  made  eligible  to  office  on  taking  anew  an 
oath  to  support  the  Constitution.  But  many  of  the  leaders 
of  the  Secession  never  made  such  application,  and  were,  there- 
fore, still  unrelieved  of  their  disabilities,  when,  in  1898,  Con- 
gress removed  all  such  disqualification  as  to  persons  then 
living. 

4.  The  validity  of  the  public  debt  of  the  United  States 
authorized  by  law,  including  debts  incurred  for  payments  of 
pensions  and  bounties  for  services  in  suppressing  insurrection 
and  rebellion,  shall  not  be  questioned. 

This  was  to  provide  against  the  possibility  of  the  Southern 
members  of  Congress,  in  conjunction  with  disaffected  North- 
ern members,  repudiating  the  war  debt,  should  they  ever  gain 
control  in  Congress. 


216  CIVIL  GOVERNMENT, 

But  neither  the  United  States  nor  any  State  shall  assume  or 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the  loss 
or  emancipation  of  any  slave;  but  all  such  debts,  obligations, 
and  claims,  shall  be  held  illegal  and  void.  This  provides 
against  another  phase  of  the  same  contingency  as  is  contem- 
plated by  the  last  provision  —  the  possibility  of  the  Southern 
party  attaining  ascendency  in  Congress  and  assuming  the 
debts  of  the  late  Confederate  States.  Like  many  of  the  pro- 
visions growing  out  of  the  Civil  War,  the  interest  of  this 
clause  is  mainly  historical  to  those  of  the  present  generation. 

5.  The  Congress  shall  have  power  to  enforce  by  appropriate 
legislation  the  provisions  of  this  article. 

While  this  power  is  implied  (as  has  been  before  noted)  in 
the  adoption  of  the  Amendment  itself,  yet  the  addition  of  this 
"enforcement  clause"  removes  any  possible  ground  for  ques- 
tion as  to  the  exact  scope  of  the  amendment. 

Article  XV.  of  Amendments. 

Section  1.  The  right  of  the  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United  States  or 
any  State  on  account  of  race,  color,  or  previous  condition  of 
servitude. 

This  Amendment  was  intended  definitely  to  enfranchise  the 
former  slaves  and  place  them  in  all  respects  before  the  law 
on  an  absolute  equality  with  all  other  citizens  of  the  United 
States  and  of  the  several  States. 

Section  2.  The  Congress  shall  have  power  to  enforce  by 
appropriate  legislation  the  provisions  of  this  Article. 

Another  instance  of  "making  assurance  doubly  sure." 


CHAPTER  XV. 

TOPICAL   ANALYSIS   OF  THE   CONSTITUTION. 

Note. — The  Constitution  is  noticeable  for  its  lack  of  unity 
in  the  arrangement  of  the  powers  granted,  and  their  appor- 
tionment among  the  different  departments  of  government. 
Reference  to  the  legislative,  judicial,  and  executive  functions 
of  government  are  so  intermixed  and  so  scattered  that,  in  fol- 
lowing the  order  of  the  text  of  the  Constitution,  it  is  difficult 
to  obtain  a  clear  and  comprehensive  view  of  any  one  depart- 
ment as  separated  and  detached  from  the  others.  This  is 
especially  so  as  to  the  powers  of  Congress.  But  by  a  topical 
analysis,  these  fragmentary  and  detached  references  may  be 
brought  into  their  proper  connections,  and  a  clear  and  ordered 
comprehension  of  our  governmental  system,  gained. 

I.  LEGISLATIVE  DEPARTMENT. 
A.  The  House  of  Representatives:— 

Page 

1.  How  composed.  I- — 2. — 1.     82,  105 

2.  Number.  I.-2.-3.     82,  108 

3.  How  apportioned.  Amendment  XIV.— 2.    82,  99,  214 

4.  Ratio  of  reduction.  Amendment  XIV.— 2.    99,  214 

5.  Eligibility: — 

a)  Age. 

b)  Citizenship.  I.— 2.-2.    82,  107,  108 

c)  Inhabitancy. 

6.  Ineligibility: — 

a)  Plurality  of  office.  I.— 6.— 2.  85,  125 

b)  Presidential  Electors.  II.— 1.-2.  89,  157 

c)  Treason.  Amendment  XIV.— 3.  99,  215 

7.  By  whom  elected.  I.— 2.— 1.  82,  106. 

8.  How  elected.  I.— 4.— 1.  84,  117 

9.  Electors.  I.-2.-1.  82,  106 

10.  Term.  I.-2.-1.    82,  105 

11.  Salary.  I.-6.-1.     85.  123 


218  CIVIL  GOVERNMENT. 

Page 

12.  Privileged  from  Arrest.  I.— 6.— 1.     85,  124 

13.  Freedom  of  Debate.  I.— 6.— 1.     85,  124 

14.  Vacancies.  I.— 2.— 4.     83,  110 

15.  Census: — 

a)  When  taken. 

b)  How  taken.  I.— 2.— 3.    82.  108 

16.  Powers: — 

a)  Concurrent. 

b)  Exclusive.  I-l-l-     83.  105 

1.  To  originate  revenue  bills.  I. — 7. — 1.     85,126 

2.  To  originate  impeachments.  I. — 2. — 5.     83,  HI 

3.  To  choose  officers.  I._2.— 5.     83,  110 

4.  To  elect  President,  when.      Amendment  XII.— 1.    98,  209. 

5.  To  make  its  own  rules.  I. — 5. — 2.    84,  121 

6.  To  judge  its  own  elections.  I. — 5. — 1.    84,  120 

7.  To  punish  and  expel  members.  I. — 5. — 2.     84,  122 

17.  Quorum: — 

a)  A  majority  constitute.  I. — 5. — 1.     84,  120 

b)  A  less  number  may  adjourn.  I. — 5. — 1.     84,  121 
B.  The  Senate. 

1.  Number.  I._3._l.    83,  112 

2.  Eligibility: — 

a)  Age. 

b)  Citizenship.  I._3._3.     83,  114 

c)  Inhabitancy. 

3.  Ineligibility: — 

a)  Plurality  of  office.  I.— 6.— 2. 

b)  Presidential  Electors.  II.— 1.— 2. 

c)  Treason.  Amendment  XIV. — 3. 

4.  By  whom  chosen.  I. — 3. — 1. 

5.  When  chosen.  I. — 3. — 2. 

6.  How  classed.  I. — 3. — 2. 

7.  Term.  I._3._l. 

8.  Salary.  I._6._i. 

9.  Privileged  from  arrest.  I. — 6. — 1. 

10.  Vacancies.  I. — 3. — 2. 

11.  Freedom  of  debate.  I. — 6. — 1. 

12.  Vote.  I._3._l. 

13.  Presiding  Officer:  — 

a)  Vice-President  of  United  States.  I.— 3. — i. 

b)  President  pro  tempore.  I. — 3 — 5. 


85, 

125 

89, 

157 

99, 

215 

83, 

112 

83, 

113 

83, 

113 

83, 

113 

85, 

123 

85, 

124 

83, 

114 

85, 

124 

83, 

113 

83, 

115 

84, 

115 

THE  CONSTITUTION.  219 


Page 


14.  Powers: — 


I.— 5— 1.    84,  120 


a)  Concurrent.  t      1      i  R2   105 

1.  General  legislation,  I.-l.-i.  »^.  ^"o 

2.  Amendments  to   revenue  ^^  ^^  ^^^ 

b)  Exclusive. 

1 .  To  judge  its  own  elections. 

2.  To  punish  and  expel  mem-  c.    199 

I. — 5. — 2.  o4,  1,4^ 
bers. 

3.  To  ratify  treaties.  IL-2.-2.  91,165 

4.  To  confirm  appointments.  II.— 2.— 2.  91,  167 

5.  To  choose  officers.  I.— 3.-5.  84  115 

6.  To  choose  Vice-President.  no  9in 
^tjen                                        Amendment  XII.-2.  98,210 


7.  To  try  all  impeachments, 
and  on  vote  of  two-thirds, 
to  convict 


I._3._6.     84,  116 


8.  To  render  judgment.  I.— 3.— 7.     84,116 

The  Congress. 

I.— 2.-1.     82,  105 

1.  Duration.  I  _4 -2.    84,118 

2.  Regular  Sessions.  II  _3 -1     91,  170 

3.  Special  Sessions.  I_5_l      94  121 

4.  Absent  Members.  I'-s'-L     84*,  120 

5.  Quorum. 

6.  Journal,  Keeping  and  Publishing  ^  ^^  ^^     ^^^  ^^^ 

1"  J  -KT  T      (^  _S  &  I  — 7  —2.     85,  122,  86,  129 

7.  Yeas  and  Nays.  \.—b.—6.<xi.     t.     <>•        ,        ' 

„   ,  I.— 5.— 2.    84,  121 

8.  Rules. 

9.  Penalties,     Punishment,     Expul-  ^  _^  _^     84,121,122 
sion. 

10.  Prohibitions:—  fi»^    12^ 

a)  Adjournment,  Time  and  Place.  l.—o.—t.    oo,  i^o 

b)  Members,  creating  offices,  and  ^^^ 
increasing  Emoluments.  J-     °-       '        ' 

c)  As  Presidential  Electors.  ll.-i.— ^.     »«.  ^o' 

,  ^  .X.  VI.— 3.     95,  189 

11.  Official  Oath. 


220  CIVIL  GOVERNMENT. 

Page 
12.  Powers: — 

a)  To  lay  and  collect  taxes,  du- 
ties, etc.  I.— 8.— 1.    86,  133 

b)  To  borrow  money, coin  money, 

and  refrolate  its  value.  I.— 8.— 2  &  5.     86,  134,  86,  137,  138 

c)  To  fix  the  standard  of  weights 

and  measures.  I. — 8. — 5.    86,  138 

d)  To  pay  the  debts  of  the  United 

States.  I._8.— 1.    86,  133 

e)  To   provide  for  the  common 

defence  and  general  welfare.  I. — 8. — 1.    86,134 

f )  To  acquire  and  dispose  of  Ter- 
ritory and  other  property.  IV. — 3. — 2.     94,  183 

g)  To    regulate    Interstate    and 

foreign  commerce.  I. — 8. — 3.  86,  134,  135 
h)  To  establish  uniform  rules  of 

naturalization.  I.— 8. — 4.  86,  136 
i)  To  establish  uniform  rules  of 

bankruptcies.  I.— 8. — 4.     86,  137 

j)  To  declare  war,  grant  letters 
of  marque  and  reprisal,  and 
make  rules  conerning  cap- 
tures. I._8._ll.     87, 141,  142 

k)  To  provide  for  the  punish- 
ment of  counterfeiting  and 
other  crimes  against  the 
United  States.  I._8.— 6  &  10.     86,  138 

1)  To  raise  and  support  armies.  I. — 8. — 12.    87,  143 

m)  To  provide  and  maintain  a 

navy.  I._8._13.    87,  143 

n)  To    make    rules    governing 

army  and  navy.  I. — 8. — 14.     87,  144 

o)  To  provide  for  punishment  of 

treason.  III.— 3.— 2.    93,  179 

p)  To  establish  poBt-oflB,ces  and 

post-roads.  I._8._7.     86,  138 


THE  CONSTITUTION.  221 

Page 

q)  To  enact  patent  and  copy- 
right laws.  I.-8.-8.     86,139 

r)  To  establish  courts  inferior  to 

the  Supreme  Court.  I.— 8.— 9.    87,  140 

s)  To     make     regulations     for 

Supreme  Court.  III.-2.-3.     93,  177 

t)  To  fix  places  for  trials.  III.— 3.— 3.    93,  178 

u)  To  provide  for  organizing  and 
calling  out  the  mUitia.  I.— 8.— 15  &  16.    87,  145,  146 

v)  To  provide  for  the  government 

and  disposition  of  territories.  IV. — 3. — 2.     94,  183 

w)  To  make  necessary  laws.  !■ — 8. — 18.     87,  148 

x)  To  exercise  exclusive  jurisdic- 
tion over  seat  of  government 

and  public  works.  I- — 8. — 17.     87,  147 

y)  To  admit  new  States  into  the 

Union.  IV.-3.-l.     94,183 

z)  To  regulate  elections  : — 

—  l.  Members  of  Congress.  I. — 4. — 1.    84,  118 

2.  Presidential  Electors.  H.— 1.-4.     90,  159 

aa)  To  make  regulations  govern- 
ing   the    authentication    of 

State  Records,  etc,  IV.— 1.— 1.     93,  180 

bb)  To  control  State  imposts.  I.— 10.— 3.    89,  155 

cc)  To  provide  for  : — 

1.  Executive  vacancy.  II- — 1- — 6.    90,161 

2.  Constitutional      Amend- 
ments. V.-l.-l.     94,185 

dd)  To  tax  and  prohibit  the  im-         «, 

portationofslaves.    ^^''^7   ^^'^^  I.-9.-1.     87,149 

ee)  To  appoint  public  officers.  II.— 3.— 3.     81,  167 

ff)  General  law-making.  I.— 8.— 18.     87,  148 

I  1.  First  process.  I- — 7. — 2    85,  137 

2.  Second  process.  !• — 7. — 3.     85,  138 

3.  Third  process.  I.— 7.— 3.     85,  130 

gg)  Orders,      resolutions,      and 

^rotes.  I.-7.-3.     86,131 


222 


CIVIL  GOVERNMENT. 


II.  EXECUTIVE  DEPARTMENT. 


A.  The  President. 
1.  Election. 

a)  Electors,     appointment 
number. 

b)  Electors,  ineligibility  of. 


c)  Electors,  proceedings  of. 

d)  Congress,  proceedings  of. 

e)  House  of  Representatives,  pro- 
ceedings in  case  of  failure  of 
Electors  to  elect. 

2.  Term. 

3.  Eligibility: — 

a)  Age. 

b)  Birth. 

c)  Term  of  residence  within  U.S. 

4.  Ineligibility. 

5.  Salary,  emoluments. 

6.  Oath  of  office. 

7.  How  removable. 

8.  Chief  Justice  to  preside  at  trial  of. 

9.  Powers  and  Duties: — 

a)  Commander-in-Chief  of  Army 
and  Navy. 

b)  Commander-in-Chief  of  State 
Militia  when  in  actual  service 
of  U.  S. 

c)  May  require  written  opinions 
from  department  officers. 

d)  May  grant  reprieves  and  par- 
dons. 

e)  May  make  treaties,  with  ad- 
vice and  consent  of  Senate. 


and 

II._1._2. 

I.— 6.— 2. 

II.— 1.— 2. 

Amendment  XIV. — 2. 

Amendment  XII. — 1.    97, 

Amendment  XII. — 1. 


XII.— 1. 
II.— 1.— 1. 


II.— 1.-5. 

Amendment  XIV. — 3. 

II.— 1.— 7. 

II.— 1.— 8  &  9. 

II.— 4.-1. 

I.— 3.— 6. 


Pagb 


89,  157 
85,  135 
89,  157 
92,  214 
206,  207 
98,  208 


98,  209 
89,  156 


90,  160 
99,  215 
90,  162 
90,  163 
92.  171 
84,  116 


II.— 2.-1.  91,  163 


II.— 3.— 1. 


II.— 2.— 1. 


II.— 2.-1. 


II.— 2.— 2. 


91,  164 
91,  164 
91.  165 
91,  165 


THE  CONSTITUTION. 


223 


f )  Appoints  public  officers,  with 
advice  and  consent  of  Senate. 

g)  Commissions  oflBcers  of  U.  S. 
h)  Fills  vacancies  during  recess 

of  Senate. 

i)  Communicates  with  Congress 
by  message. 

j)  Approves  or  disapproves  Acts 
of  Congress. 

k)  Convenes  or  adjourns  Con- 
gress, when. 

1)  Receives  Foreign  Ministers. 

m)  Sees  that  the  laws  are  exe- 
cuted. 

10.   Vice-President. 

a)  Election: — 

1.  Same  as  President. 

2.  By  Senate,  in  case  of  no 
choice  by  electors. 

b)  Term. 

c)  Eligibility. 

d)  Ineligibility. 

e)  Oath  of  Office. 

f)  How  removable. 

g)  Powers  and  Duties  : — 

1.  President  of  Senate. 

2.  Succeeds  to  Office  of  Pres- 
ident, when  vacant. 


Faqb 

II.— 2.— 2.     91,  167 
II._3._1.     91,171 

II.— 2.— 3.     91,  169 

II.— 3.-1.     91,  170 

I._7._2.     85,  127 

II.— 3.-1.     91,  170,  171 
II.— 3.-1.     91,  171 

II.— 3.— 1.     91,  171 

II.— 1.— 1.     89,  157 

Amendment  XII.— 2.  98,  210 

II.— 1.— 1.  89,  156 

Amendment  XII.— 3.  98,  211 

Amendment  XIV.— 3.  99,  215 

YI._3.  95,  189 

II.— 4.-1.  92,  171 

I.— 3.— 4.     83,  115 

II.— 1.-6.     90,  160,  and 
Amendment  XII.— 1.    98,  210 


III.  JUDICIAL.  DEPARTMENT. 


In  whom  vested. 

a)  One  Supreme  Court. 

b)  Inferior  Courts. 

Judges. 

a)  Appointment. 

b)  Oath  of  Office. 


m.— 1.— 1.    92,  173 


n.— 2— 2. 
VI.— 3. 


91,  167 
95,  189 


/ 


224  CIVIL  GOVERNMENT. 

Page 

c)  Tenure  of  Office.  III.— 1.— 1,     92,  174 

d)  How  removable.  II. — 4.— 1.     92,  171 

e)  Salary.  III.— 1.— 1.    93,  174 

3.  Jurisdiction  extends  to  all  cases  aris- 
ing 

a)  Under  the  Constitution  of  the 
United  States. 

b)  Under  the  laws  of  United 
States. 

c)  Under  treaties  made  by  the 
United  States. 

d)  To  other  cases.  111.-2,-1.    92,  177 

4.  Limitation  of  Jurisdiction.  Amendment  XI.     97,  206 

5.  Tlie  Supreme  Court  of  the  U.  S. 

a)  Original  jurisdiction,  in  all 
cases  affecting,  Ministers  and 
Consuls,  and  in  which  a  State 

is  a  party.  ni._3._2.     92,  176 

b)  Appellate  Jurisdiction  in  all 
cases  of  law  and  equity  where 
the  inferior  courts  have  orig- 
inal jurisdiction,  under  such 
restraints  as  have  been  made 

by  Congress.  III._2.— 2.     92,  177 

IV.  OTHER  PROVISIONS  OF  THE  CONSTITUTION. 

A.  Relating  to  Officers. 

1.  Foreign  Patronage.  I._9._7.     88,  154 

2.  Impeachment: — 

a)  Causes  for.  II._4._1.    92,  172 

b)  Senate  sits  as  court  in  trials 

of.  I.— 3.— 6.  84,  116 

c)  Judgment  in  cases  of  convic- 
tion. I._3._7.  84,  116 

d)  Further  punishment.  I.— 3.— 7.  84,  116 

B.  State  Rights. 

1.  Representation:  — 

a)  House,  at   least   one  in,  for 

each  State.  I._2.— 3.    83,  108 

b)  Senate,  Equal  Suffrage  in.  V.— 1.— 1.     94,  187 


THE  CONSTITUTION. 


225 


2.  State  Comity. 

3.  New  States,  by  dismemberment  or 
conjunction. 

4.  Election  of  Senators  and  Repre- 
sentatives. 

5.  Officers  of  State  Militia. 

6.  Federal  Protection. 

7.  Fugitives  from  justice. 

8.  Fugitive  Slaves. 

9.  Reservation: — 

a)  Powers  not  delegated. 

b)  Rights  not  enumerated. 

C.  State  Subordination. 

1.  Ratification:  — 

a)  Constitution. 

b)  Amendments. 

2.  Supremacy     of     United      States 
Authority. 

3.  Official  oath  of: — 

a)  Members  of  State  Legislatures. 

b)  Executive  Officers  of  States. 

c)  Judicial  Officers  of  States. 

D.  Powers  Denied  the  States: — 

1.  State  Relations. 

2.  Commercial. 

3.  War:— 

a)  Letters  of  marque  and  re- 
prisal. 

b)  War  preparations  in  time  of 
peace  and  engaging  in,  unless 
actually  invaded. 

4.  Punishing  without  due  process  of 
law. 

5.  Granting  titles  of  Nobility. 

6.  Laying  and  collecting  duties. 

7.  Slavery. 

8.  Abridging  Privileges  of  Citizens. 

Amendment  XIV 

9.  Personal  Security. 

18 


Pagb 

IV.-l.— 1. 

93,  180 

IV.— 8.— 1. 

94,  183 

L— 4.— 1. 

84,  117 

L— 8.— 16. 

87,  146 

IV.— 4.— 1. 

94,  185 

IV.— 2.— 3. 

93,  181 

IV.— 2.— 3. 

93,  182 

Amendment  X. 

97,204 

Amendment  IX. 

97,204 

VI.— 2. 

95,  187 

V.-l.-l. 

94,  185 

VI.— 3.    95,  187 


VI.— 3.    95,  189 


L— 10.— 1  &  2. 
I._10.— 1. 


154,  155 
154,  155 


L— 10.— 1.     88,  154 


I.— 10.— 2.     89,  155 


Amendment  XIV. — 1. 

L— 10.— 1. 

I.— 10.— 2. 
Amendment  XIII. — 1. 


-1. 


99,  213  &  XVr- 
XIV.— 1. 


99,  213 

88,  155 
88,  155 
99,  313   C 

-T.     100   t 
99,  213 


226 


CIVIL  GOVERNMENT. 


E.  Personal  Rights: — 

1 .  Right  to  keep  and  bear  arms. 

2.  Domicile. 

3.  Security  against  illegal  searches 
and  seizures. 

4.  Judicial  (indictment,  jeopardy  of 
life  and  limb,  deprivation  of  prop- 
erty). 

5.  Criminal  Actions: — 

a)  Accusation,  indictment,  trial 
by  jury,  counsel. 

b)  Witnesses. 

c)  Bail,  punishment,  fines. 

6.  Civil  Action  (trial  by  jury,  ap- 
peals). 

F.  Crimes  and  Punishments: — 

1.  Counterfeiting. 

3.  Piracies    and    Felonies  on   High 

Seas. 
3.  Treason  and  Felony.  III.— 3 

G.  Citizenship: — 

1.  Defined. 

2.  Privileges. 
8.  Bight  to  vote. 

H.  Prohtbitions  on  the  United  States: — 

1.  Habeas  Corpus. 

2.  Direct  Taxes. 

3.  Export  Duties. 

4.  Interstate  Commerce. 

5.  Public  Money. 

6.  Nobility. 

7.  Bills  of  Attainder  and  ex  post  facto 
laws. 

8.  Attainder  of  Treason. 

9.  Foreign  Slave-Trade. 


Pagb 

Amendment  II.     95,  192 
Amendment  III.     96,  193 

Amendment  IV.    96,  194 


Amendment  V,    96,  195 
III.— 2.— 3.    92,  177 

Amendment  VI.    96,  199-201 

Amendment  VI.     96,  200 

Amendment  VIII.     97,  202-3 

Amendment  VII.    96,  201-2 
I._8._6.     86,  138 


I._8._10. 

87,  140 

.— 1  &  2.     93,  198-9,  93, 

180  and 

IV.— 2.— 2. 

93,  180 

Amendment  XIV. — 1. 

98,  212. 

IV.— 2.-1. 

93,  180. 

Amendment  XV. 

100,  216 

I.— 9.— 2. 

88,  149 

I.— 9.— 4. 

88,  152 

I.-9.— 5. 

88,  152 

I._9._5. 

88,  153 

I.— 8.— 12. 

87,  143 

I.— 8.— 6. 

86,  138 

I.— 9.— 7. 

88,  154 

I.— 9.— 3. 

88,  151 

III.— 3.— 2. 

93,  179 

I.— 9.-1. 

87,  149 

THE  CONSTITUTION. 


227 


10.  No  Amendment  of  certain  clauses 
of  the  Constitution. 

11.  Public  Debt. 

12.  Civil    Freedom     (speech,     press, 
assembly,  petition,  and  arms). 

13.  Religious  Freedom: — 

a)  Test. 

b)  Establishing  and  exercise. 


v.— 1. 

Amendment  XIV. — 4. 


VI.— 8. 
Amendment  I. 
Amendment  I. 


Pagb 

94,  186 
99,  315 


Amendment  I.     95,  192 


95,  189 
95,  191 
95,  191 


CHAPTER  XVI. 

THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS. 

The  Cabinet. 

That  the  administration  of  the  Executive  Branch  of  the 
Government  may  be  more  efficient,  Congress  has  established 
nine  subordinate,  or  auxiliary,  departments :  The  Department 
of  State,  Department  of  the  Treasury,  Department  of  War, 
Department  of  Justice,  Post-office  Department,  Department 
of  the  Navy,  Department  of  the  Interior,  Department  of  Agri- 
culture, and  Department  of  Commerce  and  Labor.  Each  of 
these  Departments  is  subdivided  into  a  number  of  "Bureaus," 
and  to  these,  respectively,  is  referred  all  routine  business 
relating  to  the  particular  branches  of  the  public  service. 

The  Heads  of  the  Departments  (who  are  appointed  by  the 
President,  subject  to  confirmation  by  the  Senate,  and  whose 
resignations  may  be  demanded  at  his  pleasure)  form  a  body 
of  confidential  official  advisers  to  the  President,  and  are  known 
as  "the  Cabinet."  In  the  order  in  which  they  rank,  they  are: 
Secretary  of  State,  Secretary  of  the  Treasury,  Secretary  of 
War,  Attorney- General,  Post-master  General,  Secretary  of 
the  Navy,  Secretary  of  the  Interior,  Secretary  of  Agriculture, 
and  Secretary  of  Commerce  and  Labor.  These  offices  are  not 
specifically  provided  for  in  the  Constitution,  but  were  erected 
by  Congress  under  the  general  provisions  of  that  instrument. 

The  members  of  the  Cabinet,  who  may  not  be  members  of 
either  House  of  Congress,  meet  with  the  President  on  Tues- 
days and  Fridays,  and  at  such  other  times  as  he  may  require. 
They  advise  him  on  such  subjects  as  he  may  designate,  which 


THE  CABINET.  229 

advice  he  may  disregard  at  his  pleasure,  and  are  responsible 
to  him  for  the  conduct  of  their  several  departments. 

In  the  case  of  the  death,  resignation,  or  constitutional  dis- 
ability of  both  President  and  Vice-President,  the  members  of 
the  Cabinet  succeed  to  the  duties  of  the  presidential  office  in 
the  following  order:  Secretary  of  State,  Secretary  of  the 
Treasury,  Secretary  of  War,  Attorney-General,,  Postmaster- 
General,  Secretary  of  the  Navy,  Secretary  of  the  Interior. 
The  Secretary  of  Agriculture  and  the  Secretary  of  Commerce 
and  Labor  are  not  included  in  the  line  of  presidential  succes- 
sion, their  departments  not  having  been  created  until  after 
the  passage  of  the  act  (1886)  providing  for  such  order  of  suc- 
cession. 

•    The  Department  of  State. 

This  department  is  under  the  direction  of  the  Secretary  of 
State,  and  is  divided  into  several  branches.  There  are  three 
Assistant  Secretaries  of  State. 

The  State  Department  has  charge  of : — 

1.  The  diplomatic  intercourse  with  foreign  nations,  the 
making  of  treaties,  and  the  instruction  and  guidance  of  our 
Ambassadors,  Ministers,  and  Consuls; 

2.  The  safe-keeping  and  publication  of  all  laws  and  reso- 
lutions of  Congress,  and  the  safe-keeping  of  all  treaties; 

3.  The  issuance  of  pardons  and  of  passports; 

4.  The  custody  of  the  great  seal  of  the  United  States,  which 
seal  is  affixed  to  all  proclamations  and  commissions,  and  to 
many  other  important  documents,  signed  by  the  President; 

5.  Such  other  duties  as  are  assigned  to  it. 

The  Diplomatic  Service.  The  officers  of  this  service  rep- 
resent the  United  States  in  its  diplomatic  intercourse  with  other 
governments.     Their  chief  functions  are:  the  negotiation  of 


230  CIVIL  GOVERNMENT. 

treaties,  the  protection  of  American  interests  abroad,  and  the 
maintenance  of  friendly  relations  with  the  countries  to  which 
they  are  accredited.  In  the  order  of  their  rank,  they  are: 
Ambassadors  extraordinary  and  plenipotentiary,  envoys  extra- 
ordinary and  ministers  plenipotentiary,  and  ministers  resident. 
The  duties  of  these  are  similar,  the  difference  being  in  their 
titular  rank  and  official  precedence.  An  ambassador  is  en- 
titled, on  request,  to  personal  interviews  with  the  head  of  the 
nation  to  which  he  is  accredited. 

By  the  law  of  nations,  foreign  Ministers,  the  secretaries  and 
attaches  of  their  legations,  and  even  their  interpreters  and 
servants,  enjoy  special  rights  and  privileges  not  accorded  to 
other  foreign  persons.  A  Minister  is  not  subject  to  the  police 
regulations  of  the  country  to  which  he  is  accredited;  he  can- 
not be  sued  in  its  courts;  nor  can  legal  processes  be  enforced 
against  him.  Of  course,  were  these  privileges  grossly  abused, 
the  offender  would,  on  complaint  from  the  proper  authority, 
be  immediately  recalled  by  his  government.  Ministers  are  not 
permitted  to  engage  in  commercial  pursuits. 

If  a  Minister,  or  other  member  of  a  legation,  is  guilty  of 
any  impropriety  in  his  conduct,  he  may  at  once  be  expelled 
from  the  country  without  endangering  the  friendly  relations 
of  the  two  nations.  The  head  of  a  nation  is  under  no  obliga- 
tion to  receive  as  the  representative  of  another  government  a 
person  who  is  obnoxious  to  him  personally  or  to  the  govern- 
ment of  which  he  is  chief-executive.  It  is  customary  for  the 
government  of  one  country,  before  accrediting  a  minister  to 
another,  to  ascertain  if  the  proposed  minister  will  be  accept- 
able to  the  government  to  which  he  is  to  be  sent. 

For  many  purposes,  the  residence  of  a  foreign  Minister  is 
considered  to  be  the  territory  of  the  nation  which  he  repre- 


THE  CABINET.  231 

sents,  and  to  be  subject  to  the  laws  of  that  country,  and  not  to 
those  of  the  country  in  which  it  is  located. 

The  Consular  Service.  The  consular  service  is  made  up  of 
a  small  number  of  consuls-general  and  several  hundred  con- 
suls. 

The  chief  duties  of  these  officers  are :  the  enforcement  of 
commercial  laws;  the  safe-guarding  of  American  sailors  and 
American  ships;  the  protection  of  American  citizens,  the  certi- 
fication of  legal  documents;  and  the  collection  of  information 
of  public  interest,  in  relation  to  commerce  and  manufactures; 
which  information  is  made  public  through  the  Department  of 
Commerce  and  Labor. 

The  Department  of  the  Treasury. 

In  the  hands  of  the  Treasury  Department  is  the  financial 
business  of  the  Nation.  The  vast  business  of  this  department 
is  divided  among  branches  too  numerous  to  be  treated  of  in 
detail.  The  chief  functions  of  the  department  are :  the  col- 
lection and  disbursement  of  the  revenues,  the  coinage  of 
money,  and  the  custody  of  all  government  funds.  It  audits 
the  accounts  of  the  other  departments ;  has  charge  of  the  se- 
cret-service, the  life-saving  service,  the  custom-houses,  mints, 
and  subtreasuries;  and  has  a  general  supervision  over  National 
Banks.  There  are  three  Assistant  Secretaries  of  the  Treas- 
ury. Other  important  officers  are:  the  Treasurer  of  the 
United  States,  Register  of  the  Treasury,  Comptroller  of  the 
Currency,  and  Commissioner  of  Internal  Revenue. 

The  Department  of  War. 

The  War  Department  has,  under  the  direction  of  the  Presi- 
dent, charge  of  the  land  forces  of  the  Nation.     The  support 


232  CIVIL  GOVERNMENT. 

and  operation  of  armies;  the  improvement  of  harbors  and  of 
navigable  rivers;  the  care  and  maintenance  of  forts,  armories, 
arsenals,  and  ordnance;  the  superintendence  of  the  Military- 
Academy  at  West  Point;  and  many  other  important  concerns 
are  under  its  control.  Through  the  Bureau  of  Insular  Affairs, 
it  supervises  the  government  and  the  schools  of  the  Philippine 
Islands.      There  is  one  Assistant  Secretary  of  War. 

The  Military  Academy  of  the  United  States  is  located  at 
West  Point  in  New  York.  It  educates  and  trains  young  men 
for  positions  as  officers  of  the  regular  army.  The  students 
at  this  school  are  called  "cadets."  Each  Member  of  Congress 
appoints  one  cadet  every  four  years.  The  President  has  the 
appointment  of  one  cadet  from  each  Territory,  one  from  the 
District  of  Columbia,  and  of  a  number  of  "cadets  at  large." 
But  no  student  is  received  as  a  cadet  unless  between  the  ages 
of  seventeen  and  twenty-two,  and  after  he  has  passed  a  satis- 
factory mental  and  physical  examination.  The  term  of  study 
is  four  years.  A  sum  of  money  sufficient  to  cover  the  ex- 
penses of  each  cadet  is  allowed  by  the  Government.  Each  of- 
ficer graduated  from  the  Military  Academy  must  serve  at  least 
two  years  in  the  regular  army. 

The  Department  of  Justice. 

This  department  is  presided  over  by  the  chief  law-officer 
of  the  Government,  the  Attorney-General,  who  is,  also,  the 
legal  adviser  of  all  the  departments  of  government.  He  is 
assisted  by  the  Solicitor-General,  and  by  other  assistants.  He 
conducts  suits  to  which  the  United  States  is  a  party;  gives  writ- 
ten opinions  and  advice,  when  requested ;  supervises  the  dis- 
trict attorneys  and  marshals  of  the  District  Courts  of  the 
United  States ;  examines  land  titles  in  cases  of  proposed  pur- 
chase by  the  United  States ;  makes  an  annual  report  to  Con- 
gress; and  performs  various  other  duties  required  by  law. 


THE  CABINET.  233 

The  Post-office  Department. 

This  department  has  charge  of  the  mails;  their  carriage  and 
delivery ;  the  establishment  of  post-offices ;  the  appointment  of 
postmasters ;  and  all  other  matters  pertaining  to  postal  af- 
fairs. This  department  comes  into  closer  contact  with  the 
body  of  the  people  than  does  any  other;  and  is  one  of  the  most 
important  branches  of  the  government.  There  are  nearly 
one  hundred  thousand  post-offices  in  the  United  States.  It 
costs,  at  the  present  day,  more  than  twice  as  much  money  to 
run  the  Post-office  Department  as  was  required  in  1861  to  de- 
fray all  the  expenses  of  the  government  of  the  United  States. 
There  are  four  Assistant  Postmasters-General,  in  charge  of 
various  branches  of  the  department. 

The  First  Assistant  Postmaster-General  has  charge  of  the 
free  delivery  of  mail  matter  in  cities  and  of  rural  free-delivery 
routes.  He  directs  the  post-office  money-order  business,  has 
charge  of  the  dead-letter  office,  and  furnishes  stationery  and 
supplies  to  all  the  post-offices  in  the  United  States. 

The  Second  Assistant  Postmaster-General  lets  the  contracts 
for  carrying  the  mails  and  arranges  the  schedules  for  the  ar- 
rival and  departure  of  mails  from  each  post-office.  The  for- 
eign mail  service  also  comes  under  his  care. 

The  Third  Assistant  Postmaster-General  has  charge  of  the 
financial  affairs  of  the  department  and  of  the  registered  mail 
service.  He  receives  the  reports  and  settlements  of  postmas- 
ters; and  issues  stamps,  stamped  envelopes,  and  postal  cards. 

The  Fourth  Assistant  Postmaster-General  looks  after  the 
establishment  of  new  post-offices,  and  has  charge  of  the  post- 
office  inspectors  and  of  the  investigation  of  irregularities  in 
the  mail  service. 

There  are  four  classes  of  post-offices,  and  of  postmasters. 
Postmasters  of  the  first,  second,  and  third  class  are  appointed 


234  CIVIL  GOVERNMENT. 

by  the  President  for  terms  of  four  years.  Their  salaries  de- 
pend upon  the  value  of  the  stamps  sold  at  their  post-offices. 
Postmasters  of  the  fourth  class  are  appointed  for  an  indefinite 
term  by  the  President  and  are  removable  at  his  pleasure. 
Their  compensations  depend  upon  the  value  of  the  stamps  can- 
celled at  their  offices. 

The  Department  of  the  Navy. 

To  the  Navy  Department  is  entrusted  all  that  appertains  to 
naval  affairs :  the  control  of  war-vessels,  naval  operations,  and 
naval  forces;  and  the  general  supervision  of  naval  and  cognate 
subjects.  It  has  direction  and  control  of  the  National  Ob- 
servatory at  Washington,  and  of  the  Naval  Academy  at  An- 
napolis; and  of  the  preparation  and  issuance  of  charts,  maps, 
and  sailing  directions  for  seamen;  together  with  many  other 
functions,  under  various  Bureaus.  There  is  one  Assistant 
Secretary  of  the  Navy. 

The  Naval  Academy  is  organized  and  administered  on  a 
plan  somewhat  similar  to  that  of  the  Military  Academy.  Its 
students  are  called  "midshipmen."  Like  the  cadets  at  West 
Point,  they  are  appointed  by  Congressmen  or  the  President. 
Applicants  for  admission  must  be  between  the  ages  of  sixteen 
and  twenty  and  must  pass  a  mental  and  a  physical  examination. 
The  length  of  the  course  is  six  years  —  four  at  the  Academy 
and  two  at  sea. 

The  Department  of  the  Interior. 

This  department  was  formerly  known  as  the  Home  Depart- 
ment. It  has  charge  of  a  vast  range  of  domestic  concerns  not 
under  the  administration  of  the  other  departments.  Among 
these  are  pensions,  public  lands,  Indian  affairs,  patents,  and 


THE  CABINET.  235 

education.     There  are  two  Assistant  Secretaries  of  the   In- 
terior. 

The  Department  of  Agriculture. 

This  is  a  comparatively  new  department,  having  existed 
only  since  1889.  It  has  charge  of  matters  appertaining  to  the 
agricultural  interests  of  the  country;  conducts  experiments 
relating  to  farming  and  the  raising  of  live  stock ;  distributes 
seeds ;  and  the  like.  One  of  its  principal  and  most  important 
functions  is  the  inspection  of  live  stock  for  exportation  and 
for  interstate  commerce.  The  tvcather  bureau  is  included  in 
this  department.  There  is  one  Assistant  Secretary  of  Agri- 
culture. 

The  Department  of  Commerce  and  Labor. 

This  department,  erected  in  1903,  promises  to  become  one 
of  constantly  growing  importance.  Included  in  its  functions 
are:  the  promotion  and  development  of  commerce,  manu- 
factures, fishing  and  the  like;  the  promotion  of  the  interests 
of  workingmen ;  the  collection  and  publication  of  statistics  in 
relation  to  these  and  other  matters;  the  maintenance  of  the 
lighthouse  and  steamboat  inspection  services;  the  taking  of  the 
census;  and  many  other  matters  of  general  concern.  Under  its 
supervision  are  the  Bureau  of  Immigration,  the  Bureau  of 
Corporations,  the  Interstate  Commerce  Commission;  and  the 
Civil  Service  Commission,  which  has  been  considered  in  Chap- 
ter VIII.  of  Part  II. 

The  Bureau  of  Corporations  has  become  a  very  important 
factor  in  the  great  problems  involved  in  the  relations  between 
the  government  and  the  gigantic  corporations  and  trusts  by 
which  such  a  large  proportion  of  our  commerce,  manufactur- 
ing, and  transportation  are  carried  on.      Its  most  prominent 


236  CIVIL  GOVERNMENT. 

function  is  the  investigation  of  corporations  engaged  in  Inter- 
state commerce,  with  the  exceptions  of  railroads  and  steam- 
ship lines,  which  are  under  the  supervision,  in  relation  to  the 
laws,  of  the  Interstate  Commerce  Commission. 

The  Interstate  Commerce  Commission.  This  Commission 
was  created  by  Congress  in  1887  and  reorganized  in  1906.  It 
is  made  up  of  seven  Commissioners  appointed  by  the  Presi- 
dent for  terms  of  six  years.  Its  chief  province  is  to  investigate 
and  decide  questions  arising  under  the  Interstate  Commerce 
laws,  to  inquire  into  the  violations  of  those  laws,  and  to  bring 
cases  of  such  violation  before  the  Courts  of  the  United  States. 
The  jurisdiction  of  the  Interstate  Commerce  Commission  is 
confined  to  commerce  and  transportation  between  the  several 
States,  and  to  foreign  countries,  as  Congress  has  no  power 
over  legislation  in  regard  to  commerce  exclusively  within  the 
limits  of  any  State. 

The  principal  legislation  passed  by  Congress,  and  now  in 
force,  with  reference  to  Interstate  commerce  and  transporta- 
tion, provides: — (1)  that  freight  and  passenger  rates  shall  be 
reasonable,  and  shall  be  uniform  in  their  application;  (2)  that 
charges  for  a  part  of  a  distance  shall  not  be  greater  than  for 
the  whole  distance;  (3)  that  railroads  shall  not  agree  to  divide 
up  (or  pool)  their  earnings  or  their  business;  (4)  that  cars 
and  locomotives  shall  be  equipped  with  air  brakes  and  auto- 
matic couplers;  (5)  that  common  carriers  shall  publish  lists 
of  their  rates  and  charges,  which  must  be  impartial;  (6)  that 
no  rebates  shall  be  given;  and  (7)  that,  on  complaint  that 
rates  are  unjust  or  unreasonable,  the  Interstate  Commerce 
Commission  may  prescribe  rates  which,  in  their  judgment,  are 
just  and  reasonable. 


GLOSSARY. 

Accomplice.     A  confederate;  an  associate  in  crime,  but  not 

actually  present  at  its  commission. 
Acknowledgment. 

1.  A  formal  avowal,  or  acknowledgment,  of  one's  signature 

to  a  written  instrument,  before  a  proper  officer,  to  give 
it  validity. 

2.  The  officer's  certificate  on  such  instrument,  that  such  for- 

mal acknowledgment,  or  declaration,  has  been  made. 

Acquittal.  A  judicial  setting  free  from  the  charge  of  an  of- 
fence, as  by  the  verdict  of  a  jury. 

Act.     A  statute;  a  law  passed  by  legislative  authority. 

Adjournment.  The  interval  during  which  a  public  body  post- 
pones business. 

Admi)iistrator.  A  person  legally  authorized  to  administer 
the  estate  of  a  deceased  individual,  dying  without  a  will. 

Admiralty.  The  jurisdiction  having  cognizance  of  maritime 
affairs. 

Affidavit.  A  signed  declaration  in  writing,  sworn  to  by  the 
party  making  it,  before  an  authorized  officer. 

Affirmation.  A  solemn  declaration  made  under  the  penalties 
of  perjury,  by  a  person  who  conscientiously  declines  to  take 
an  oath. 

Alien.     One  of  foreign  birth  and  citizenship. 

Alienation.     Parting  with;  a  legal  conveyance  of  property. 

Allegiance.     The  duty  of  a  citizen  to  his  government. 

Ambassador.     A  diplomatic  representative  of  the  highest  rank. 

Amendment.  An  alteration  in  a  bill  or  motion,  by  adding, 
changing,  or  striking  out. 

Answer.     In  pleadings,  a  counter-statement  of  facts. 


238  CIVIL  GOVERNMENT. 

Appeal.     The  removal  of  a  cause,  or  case,  from  a  lower  to  a 

higher  court. 
Appellate  jurisdiction.     Authority  having  cognizance  of  suits 

and  cases  on  appeal. 
Arraignment.     The  act  of  calling  a  prisoner  before  a  court 

to  answer  to  an  accusation. 
Arrest.     The   seizure   or   apprehension    of   a   person   by   the 

authority  of  law. 
Article.     A  distinct  part  of  a  writing  or  instrument  consisting 

of  two  or  more  particulars. 
Attainder.     Extinction  of  civil  rights,  and  the  forfeiture  and 

corruption  of  blood  which  arises  on  conviction  of  certain 

crimes. 
Attorney.     An  officer  of  a  court  of  law,  legally  qualified  to 

prosecute  and  defend  actions  in  such  court. 
Bail.     The  security  given  for  the  appearance  of  a  prisoner  in 

court.    The  persons  who  become  responsible  for  the  appear- 
ance of  such  prisoner. 
Ballot.     A  ticket  or  written  vote.    The  act  of  voting  by  ballot, 

or  written  ticket. 
Bankrupt.     A  person  unable  to  pay  his  debts. 
Bi-cameral.     Having  two  chambers. 
Bill.     The  form  or  draft  of  a  law,  presented  to  a  legislature, 

before  its  enactment. 
Bona-fide.     With  good  faith. 
Bond.     A  written  obligation  under  seal  to  pay  a  fixed  sum 

in  a  certain  contingency. 
Bounty.     A  premium  oflfered  to  induce  men  to  enlist  in  the 

army  or  navy. 
Breach  of  the  Peace.     A  violation  of  the  public  peace,  as  by 

riot  or  affray. 
By-law.     The  law  of  a  city,  town,  or  private  corporation. 


GLOSSARY.  239 

Cabinet.     A  collective  body  of  the  chief  advisers  of  the  head 

of  state  or  nation. 
Capital  crime.     A  crime  punishable  by  death. 
Census.     The    official    registration    of    the    inhabitants    of    a 

country. 
Cession.     A  yielding,  or  surrender  of  rights  or  property. 
Chancery.     A  court  of  equity,  granting  relief  in  cases  where 

there  is  no  remedy  in  the  common  law. 
Charter.     An  instrument,  executed  with  form  and  solemnity, 

granting  powers,  rights,  and  privileges. 
Chattel  mortgage.     A  mortgage  on  goods,  furniture,  or  other 

movable  things. 
Colony.     A  body  of  people  transplanted  to  a  distance  from 

their  mother  country,  but  remaining  subject  to  the  jurisdic- 
tion of  the  parent  state. 
Commerce.     The  exchange  of  goods  or  commodities  between 

different  places  or  countries. 
Commission. 

1.  A  writing  from  proper  authority,  given  to  a  person  as 

his  authority  for  the  exercise  of  certain  powers,  or  the 
performance  of  certain  duties. 

2.  A  number  of  persons  associated  in  an  office  or  trust. 
Commitment.     An  order  for  confining  in  prison. 
Common  law.     The  body   of   rules,  principles,   and  customs 

handed  down  from  our  ancestors,  and  by  which  courts  have 

been  governed  in  their  judicial  proceedings;  the  unwritten 

law. 
Commonwealth.     A  popular  or  representative  government;  a 

free  state. 
Commutation.     The  change  of  a  penalty  or  punishment  from 

a  greater  to  a  less. 
Complainant.     One  who  prosecutes  by  complaint. 


240  CIVIL  GOVERNMENT. 

Complaint.  A  charge  against  an  alleged  offender,  made  by 
a  private  person  or  complaining  witness;  an  accusation. 

Concurrent.     Joint  and  equal. 

Congeries.  A  collection  of  several  bodies  or  particles  in  one 
aggregate. 

Constable.  An  officer  of  the  peace,  empowered  and  enjoined 
to  execute  the  warrants  and  other  processes  of  judicial 
officers. 

Constitution.  The  fundamental  law  of  a  country.  A  written 
instrument  embodying  that  fundamental  law. 

Constructive  treason.  Treason  not  directly  proven,  but 
inferred. 

Consul.  A  person  commissioned  by  his  government  to  reside 
in  a  foreign  country,  where  he  represents  his  government  in 
certain  capacities,  mainly  commercial  in  nature. 

Contraband.     Prohibited  merchandise  or  traffic. 

Contract.  An  agreement  between  two  or  more  competent 
persons  to  do  or  to  refrain  from  doing,  for  a  lawful  con- 
sideration, some  proper  act  or  acts. 

Conviction.  The  act  of  convicting  by  the  verdict  of  a  jury  and 
the  judgment  of  a  court. 

Co-ordinate.     Of  the  same  rank ;  not  subordinate. 

Copy-right.  The  sole  right  which  an  author  has  in  his  own 
original  literary  productions. 

Coroner.  An  officer  whose  duty  it  is  to  summon  a  jury  for 
the  purpose  of  inquiring  into  the  cause  of  sudden  and  sus- 
picious deaths.     In  certain  contingencies  he  acts  as  sheriff. 

Corporation.  A  body  politic  or  corporate,  composed  of  a 
number  of  individuals,  formed  and  authorized  by  law,  to 
act  as  a  single  person,  within  specified  limits. 


GLOSSARY.  241 

Corruption  of  Blood.  Inability  to  inherit  or  to  hold  lands,  or 
to  transmit  them  by  descent  to  heirs. 

Counsel.     One  who  gives  legal  advice  professionally. 

Court.  The  persons  or  judges  assembled  for  hearing  and 
determining  causes. 

Court-martial.  A  court  composed  of  naval  or  military  of- 
ficers, for  the  trial  of  offenders  against  naval  and  military 
laws  and  regulations. 

Crime.  An  offence  against  public  law,  punishable  by  a 
penalty. 

Cross-examination.  The  interrogation  of  a  witness  on  behalf 
of  the  party  opposing  the  one  who  called  him. 

Deed.  An  instrument  under  seal,  in  due  form  of  law,  con- 
veying title. 

Defendant.     A  person  against  whom  suit  is  brought  in  court. 

Demurrer.  An  admission  of  the  facts  as  stated  by  the  oppo- 
site party,  but  a  denial  of  the  legal  consequences  claimed  to 
attach  to  them. 

Docket.  An  abstract  or  summary  entered  in  a  book;  as,  a 
docket  of  judgments. 

Duress.     Compulsion  induced  by  fear  or  restraint. 

Duty.  A  sum  of  money  required  by  government  to  be  paid 
on  the  importation  or  consumption  of  goods. 

Elector. 

1.  One  who  has  the  right  to  vote. 

2.  One  chosen  to  cast  the  vote  of  his  constituency  for  Presi- 

dent and  Vice-President  of  the  United  States. 

Emancipation.     The  act  of  setting  free  from  slavery. 

Eminent  domain.  The  right  of  a  government  to  take  the  pri- 
vate property  of  its  citizens  for  public  uses,  at  a  fair 
valuation. 

Enactment.     The  passing  of  a  bill  into  a  law. 

17 


242  CIVIL  GOVERNMENT. 

Engross.  To  write  a  correct  copy  in  legible  characters,  for 
preservation. 

Envoy.  A  person  deputed  by  government  to  transact  busi- 
ness with  a  foreign  government. 

Equity.  A  branch  of  remedial  justice  by  which  relief  is  af- 
forded to  suitors  in  the  courts  of  equity,  or  chancery. 

Estate.     An  interest  in  property  of  any  kind. 

Evidence.  The  declarations  of  witnesses  in  court.  Also 
papers  and  other  articles  admitted  as  evidence. 

Excise.  An  inland  duty  or  impost,  laid  on  goods  produced 
and  consumed  in  a  country.  Also,  a  license  to  deal  in  cer- 
tain commodities. 

Execution.  A  judicial  writ  authorizing  an  officer  to  carry  a 
judgment  into  effect.  The  signing  and  sealing  a  legal  in- 
strument, as  a  deed  or  mortgage. 

Ex  officio.     By  virtue  of  office. 

Ex  post  facto.     Done  after  another  thing. 

Extradition.  Delivery  of  accused  fugitives  by  one  nation  to 
another  nation;  or  their  delivery  by  one  State  to  another 
State. 

Felony.     A  heinous  crime. 

Fine.  A  pecuniary  penalty  imposed  by  a  court,  as  a  punish- 
ment. 

Foreclosure.  The  process  of  enforcing  collection  of  a  mort- 
gage. 

Forfeiture.  The  losing  of  some  right,  privilege,  or  estate, 
by  an  offence,  crime,  breach  of  condition,  or  other  act. 

Franchise.  A  peculiar  right  or  privilege  granted  by  a  gov- 
ernment to  an  individual,  as,  the  right  to  vote. 

Government.  The  persons  who  administer  the  laws  of  a  state 
or  nation.     The  system  of  polity  in  a  state  or  nation. 

Grand  jury.     A  body  of  men  chosen  in  form  of  law,  to  ex- 


GLOSSARY.  243 

amine  into  the  grounds  of  accusations;  and,  when  cause  is 
shown,  to  find  indictments,  to  be  presented  to  the  court. 

Guardian.  One  who  is  chosen  or  appointed  to  take  charge  of 
the  person  and  estate  of  a  minor  or  other  incompetent 
person. 

Habeas  corpus.  A  peremptory  writ  to  produce  a  person  be- 
fore a  court  or  judge. 

High  seas.  The  open  ocean.  The  waters  of  the  sea,  more 
than  three  miles  from  the  shore. 

Immtmities.     Exemptions,  liberties. 

Impeachment.  A  written  accusation  brought  against  a  civil 
officer  of  the  government,  for  crime,  corruption,  or  mis- 
feasance in  office. 

Imports.     Goods  and  chattels  brought  from  foreign  countries. 

Imposts.  Taxes  or  duties  levied  by  government,  more  es- 
pecially on  goods  imported. 

Inalienable.     Not  transferable. 

Indictment.  A  formal  written  accusation  of  crime  or  mis- 
demeanor, made  by  a  grand  jury. 

Initiative.  A  method  of  obliging  a  legislative  body  to  submit 
to  popular  vote  the  draft  of  a  bill  which  a  certain  number  of 
people  have  petitioned  to  have  enacted. 

Injunction.  A  writ  of  prohibition  issued  by  a  court,  to  pre- 
vent the  commission  of  an  act  or  acts. 

Inquest.     A  judicial  inquiry.     An  official  examination. 

Instrutnent.  A  writing  by  which  some  fact  is  recorded  for 
evidence,  or  some  right  conveyed. 

Issue.     A  point  in  controversy. 

Jeopardy.     Exposure  to  death,  loss,  or  injury. 

Judgment.  A  judicial  determination  of  a  court  or  judge,  on 
the  facts  and  issues  tried  in  a  cause. 

Judiciary.     The  system  of  courts  of  justice  in  a  government. 


244  CIVIL  GOVERNMENT. 

Jurisdiction.     The  power  or  right  of  exercising  authority. 

Jury.  A  body  of  men,  selected  in  a  manner  prescribed  by 
law,  to  inquire  into  and  try,  under  oath,  any  matter  of  fact; 
and  to  find  a  verdict  on  the  evidence  given  them  in  the  case. 

Larceny.  Stealing.  The  unlawful  taking,  carrying  away, 
and  appropriating  the  personal  property  of  another. 

Law.  A  rule  of  action,  prescribed  by  lawful  authority,  com- 
manding what  is  right  and  prohibiting  what  is  wrong. 

Law  of  Nations.  The  rules  that  regulate  the  mutual  inter- 
course of  states  and  nations. 

Lease.  The  temporary  letting  of  real  estate  by  the  owner  to 
the  use  of  another. 

Legislature.  The  body  of  men  who  enact  or  repeal  the  laws 
of  a  state  or  nation. 

Libel.     A  published  defamatory  writing. 

License.  Authority  or  liberty  given  to  do  or  forbear  any  act. 
Document  granting  such  authority  or  permission. 

Lien.  A  legal  claim  on  property,  for  which  the  property  is 
held  liable. 

Magistrate.  A  public  civil  officer,  invested  with  some  execu- 
tive functions. 

Majority. 

1.  A  number  more  than  half. 

2.  The  full  age  required  by  law  for  the  right  to  manage 

one's  own  afTairs,  and  to  vote. 

Mandamus.  A  writ  issuing  out  of  a  court  of  competent  juris- 
diction, requiring  the  performance  of  some  act  specified 
therein. 

Maritime  jurisdiction.  Relating  or  pertaining  to  the  sea  or 
ocean. 

Marque  and  Reprisal.     A  commission  granted  by  a  govern- 


GLOSSARY.  245 

ment  to  a  subject  or  citizen  of  a  country  to  pass  its  limits  and 

make  reprisals  and  captures,  in  relation  to  an  enemy. 
Marshal.     A  civil  officer  in  attendance  at  the  United  States 

courts  and  performing  such  duties  as  usually  devolve  on 

sheriffs  in  State  courts. 
Minister.     The  representative  of  a  government  at  a  foreign 

court. 
Minority.     The  smaller  number.     The  state  of  being  under 

age. 
Misdemeanor.     An  indictable  crime  less  than  a  felony. 
Mortgage.     A  conditional  conveyance  of  property,  usually  to 

secure  a  debt. 
Municipality.     A  municipal  district;  a  borough,  city,  or  in- 
corporated town  or  village. 
Nation.     The  whole  of  a  people  or  country  united  under  one 

government. 
Naturalization.     The  process  by  which   an   alien  becomes  a 

citizen. 
Null  and  void.     Of  no  legal  or  binding  force  or  validity. 
Nullification.     A  rendering  void  and  of  no  effect. 
Oath.     A  solemn  declaration  on  the  Scriptures,  or  appealing 

to  God  for  the  truth,  of  what  is  stated,  taken  before  a  court 

or  competent  officer. 
Officer.     One    lawfully    invested    with    a    civil    or    military 

authority. 
Ordinance.     A  rule  established  by  authority. 
Overt.     Public  or  open. 
Pardon.     An    act    of    grace    or    mercy    from    the    sovereign 

authority,  remitting  the  penalty  for  a  crime. 
Parole.     A  verbal  or  unwritten  promise. 
Passport.     Written    official   permission   to   travel,   usually    in 

foreign  countries. 


246  CIVIL  GOVERNMENT. 

Patent.  A  writing,  given  by  proper  authority,  and  duly 
authenticated,  securing  to  a  person,  for  a  term  of  years,  the 
exclusive  right  to  an  invention. 

Penalty.  The  suffering  in  person  or  property  which  is  an- 
nexed by  law  or  judicial  decision  to  the  commission  of  a 
crime  or  offence,  as  a  punishment. 

Piracy.     Crime  or  depredations  on  the  high  seas. 

Plaintiff.     The  party  who  commences  a  suit  in  court. 

Pleadings.  The  facts  which  constitute  a  cause  of  action,  and 
the  defence  to  it,  stated  in  writing,  in  legal  form. 

Plenipotentiary.  A  person  invested  with  full  power  to  trans- 
act any  business,  usually  applied  to  an  ambassador  or 
minister. 

Polity.  The  form  or  constitution  of  civil  government  of  a 
state  or  nation. 

Preamble.     The  introductory  part  of  a  statute  or  constitution. 

Prerogative.     An  exclusive  or  peculiar  privilege. 

Presentment.  The  notice  taken  by  a  grand  jury  of  any  of- 
fence from  their  own  knowledge  or  observation ;  an  indict- 
ment must  be  framed  on  such  presentment  before  the  party 
presented  can  be  called  upon  to  answer  to  the  accusation. 

Prima  facia.     At  first  view  or  appearance. 

Probate.     Official  proof;  proof  of  the  validity  of  a  will. 

Process.     Course  of  legal  proceedings  in  a  cause. 

Prosecution.  The  institution  or  commencement  and  con- 
tinuance of  a  criminal  case. 

Pro  tempore.     For  the  time  being,  temporary. 

Quorum.  Such  a  number  of  members  or  officers  as  is  legally 
competent  to  transact  business. 

Rebellion.     Open  revolt  against  the  authority  of  government. 

Recess.     Remission  or  suspension  of  business. 


GLOSSARY.  247 

Referendum.  The  referring  a  law  passed  by  the  legislature 
to  the  people,  for  their  ratification  or  rejection. 

Replevin.  An  action  or  remedy  at  law  for  recovering  the 
possession  of  goods  and  chattels  wrongfully  taken  or  with- 
held. 

Reprieve.  The  temporary  suspension  or  postponement  of  the 
execution  of  the  sentence  of  death  on  a  criminal. 

Riot.  A  tumultuous  disturbance  of  the  peace  by  three  or 
more  persons  acting  together. 

Sentence.  The  judgment  pronounced  by  a  court  or  judge 
upon  a  convicted  criminal. 

Sergeant-at-Arms.  That  officer  of  a  legislative  body  who 
serves  processes,  and  executes  the  orders  of  the  body. 

Sheriff.     The  chief  ministerial  officer  of  a  county. 

Slander.  Defamation  by  word  of  mouth.  Actionable  ca- 
lumnious words. 

Sovereignty.     Supreme  power. 

Statute.  An  act  or  law  passed  and  completed  by  the  law- 
making power. 

Subpoena.     A  writ  summoning  a  witness  into  court. 

Stiff  rage.     A  vote. 

Suit.     Legal  application  to  a  court  for  justice. 

Summons.  A  writ  citing  a  defendant  to  appear  in  court  at  a 
certain  time,  to  answer  the  claim  or  charge  against  him. 

Surrogate.  An  officer  who  presides  over  the  probate  of  wills, 
and  the  settlement  of  the  estates  of  deceased  persons. 

Tax.  A  sum  of  money  assessed  against  persons  or  property 
for  the  support  of  government. 

Testimony.     The  declaration  of  a  witness  in  court. 

Tonnage.  A  tax  or  duty  on  vessels,  in  proportion  to  their 
cubical  contents. 


248  CIVIL  GOVERNMENT. 

Treason.  The  levying  of  war  against  the  government;  or 
adhering  to  its  enemies,  giving  them  aid  and  comfort. 

Treaty.  An  agreement  between  two  or  more  nations,  executed 
in  due  and  legal  form. 

Trial.  The  examination  of  a  cause  in  controversy,  before  a 
competent  tribunal. 

Venue.     The  place  where  an  action  is  laid. 

Verdict.  The  decision  of  a  jury,  as  reported  to  the  court,  in 
the  trial  of  a  civil  or  criminal  cause. 

Veto.  The  power  possessed  by  the  executive  branch  of  a 
government  to  negative  measures  which  have  been  passed  by 
the  legislative  branch. 

Warrant.     A  writ  authorizing  the  arrest  of  a  person. 

Will.  A  legal  declaration  of  the  manner  in  which  a  person 
wishes  his  property  disposed  of  after  his  death. 

Witness.  A  person  who  testifies  in  court  as  to  his  knowledge 
of  the  facts  in  issue. 

Writ.  An  instrument  in  writing,  issued  by  a  competent  court 
or  magistrate,  commanding  the  performance  or  non-per- 
formance of  some  act  by  the  person  to  whom  it  is  directed. 


INDEX. 


Page 

Absolute  rights,  62,  63 

Elective  franchise  not,  46 
Acts  of  Legislature  — 

Defined,  237 

Originals  filed,  54 

Public,  180 

Special,  38 

"Advice  and  consent,"  166 

Admiralty  — 

Courts  of,  175 

Jurisdiction,  175 

Jurisdiction  defined,  175 

Agriculture  — 

Department   of,  235 

Secretary  of,  228,  229 
Alabama  — 

Election  precinct  in,  10 

Alaska,  184 

Albany  Plan  of  Union,  81 

Aldermen,  40,  41 

Alderman's  Court,  42 

Ambassadors,  230 

And   State  Department,  229 

Appointment  of,  167 

Confirmation  of,  167 

Am,en<iments  to  Constitution, 

94,185 

Annapolis  Convention,  81 

Appeals,  21 

Commissioners  of,  20 

Appellate  Courts,  177 

Jurisdiction  of,  92,  177 
Apportionment    of    Representatives, 

214 

Arguments  in  Civil  Case,  26 

Armies,  standing,  65, 143 


Paob 

Army,  V.  8.  — 

President,    Commander    in    Chief, 

91,  163 
Support  of,  142,  231 

War  Department  and,  231 

Arraignment,  30 

Arrest  — 

Legislators,  when   liable   to,       51 
Legislators,    when    exempt    from, 

51,  124 
Method  of,  29 

Articles  of  Confederation,  79 

Assessment,  16 

Assessor  — 
Appeal  from,  20 

Of  taxes,  in  townships,  20 

Attainder  of  Treason,  179 

Attorney  at  Law,  238 

Attorney-General  — 
State,  54 

U.  S.,  228,  232 

Auditor — 
County,  36 

State,  55 

Bail  — 

Definition,  30,  202 

Excessive,  202 

In  capital  crimes,  203 

Bankrupt,  238 

Bankruptcy  Law,  137 

Beat,  10 

Bill,    definition    of,  51 

Enacted  into  law,  49,  51 

Bill  of  Attainder,  151,  179 

Bill  of  Rights  — 

In  State  Constitutions,  45,  48,  62 


250 


INDEX. 


Pagb 

In   U.   S.   Constitution,  191 

Board  of  Education,  22 

Bonds,  19,  25,  40 

Bureaus,  in  Executive  Department, 

228 

By-Laws,  18,  39,  239 

Cabinet,  228 

Cabinet  Meeting,  228 

Capital  Crimes,  195 

Bail  in,  30,  203 

Case,  or   suit,   in   law,  26 

Census,  108,  239 

Charge,  of  judge,  28 

Charter  — 

Township,  15 

Village  or  city,  38,  39 

Child  — 

Duties  of,  3,  7 

Entitled  to  education,  3 

Entitled  to  support,  3 

Obedience   of,  3 

Parents  must  protect,  3 

Riglits  of,  3,  7 

Circuit  Court  of  Appeals,  U.  8.,    173 

Circuit   Courts  — 

County,  23 

State,  57 

U.   S.,  173 
Citizens  — 

Absolute  rights  of,  17,  62 

Definition,  44,  60,  212 

Duty  of,  13,  60 

Elective  franchise,  46 

Of  other  States,  180 

Citizenship,  46,  60 
What  constitutes,          60,  107,  212 
City  — 

Charter,  39 

Courts  of,  41 

Definition,  39 

Departments  of,  40 


Page 

Executive,  41 

Judicial,  41 

Legislative,  41 

Subordinate  departments,         40 

Incorporation,  39 

Ordinances,  39 

Wards  in,  40 

City  Council,  41 

Civil  Case  — 

Complaint  or  declaration,  26 

Summons,  26 

Subpoena,  27 

Trial,  27 

Verdict,  28 

Judgment,  28 

Appeal,  28 

Execution,  28 

In  justice's  court,  21 

Civil  District,  lo,  12 

Officers  of,  13 

Civil  Division,  10 

Civil  Government,  definition. 

Introduction 

Civil  Service,  168,  235 

Civil  Service  Commission,  168,  235 

Civil  Totonship,  n 

Claims  — 

Against  State,  176 

Against  U.  S.,  175 

Court  of,  176 

Clerk  — 

Circuit  court,  35 

County,  35 

Township,  19 

Coinage,   The,  137 

Collector  — 

County,  36 

Township,  21 

Colonies,  184 

Colorado  — 
Women  eligible  to  legislature,    50 


INDEX. 


251 


Page 
Commerce,  86,  134 

Commerce  and  Labor,  Dep't  of,  235 
Committee  of  Correspondence,  81 
Committees,  Legislative,  52,  131 

Commitment,  29 

Common  Law,  202 

Suits  at,  2ai 

Common  Schools,  5 

Communal  District,  10 

Complaining  witness,  29 

Complaint  — 

In  civil  cases,  26 

In  criminal  cases,  29 

Comptroller,  State,  54 

Comptroller,  of  Currency,  231 

Conduct,  law  of,  61 

Confederation,  articles  of,  79 

Plan  of,  79 

Congress,  105 

Amendments  to  Constitution,    185 

And  public  domain,  182 

And  President,  170,  207 

And  Territories,  94,  183 

Committees  in,  131 

Control  over  Supreme  Court, 

92, 177 
Enabling  acts  of,  43 

Extraordinary  sessions,  170 

Judges   own   membership,  120 

Legislation   in,  131 

Malies  own  rules,  121 

May  admit  new  States,  182 

Power  of,  148 

Power  to  establish  courts, 

140, 173 
Quorum,  120 

Sessions  of,  118 

Congressional  — 

Districts,  107,  108 

Elections,  119 

Legislation,  183 


Township, 
Congressmen  at  Large, 
Congressmen  — 

Election  for. 

Freedom  of  speech. 

How  apportioned. 

Oath  of. 

Plurality   of  offices. 


Page 

16 

110 

117 
124 
108,  214 
189 
125 

Privileged  from  arrest,  124 

Qualifications  for,  107,  114 

Salaries,  124 

Who  may  vote  for,  106 

Connecticut,  109 

Constable  — 

Duties,  14,   22 

Selects  juries,  22 

Sells   goods  upon  execution,       22 
Township  office,  22 

Constitution  — 

Defined,  46 

Constitutional  amendments,  185 

Initiative,  48 

Referendum,  48 

Submission,  186 

Constitutional  Convention,       47,   81 

Constitutions,  State,  46 

Initiative,  48 

Referendum,  48 

Constitution,  U.  S.  — 
A  compromise,  112 

Admission  of  States,  182 

Adoption  of,  80 

Amended,   how,  185 

Analysis  of,  217 

Bill  of  Rights  in,  101,  191 

Examined,  101 

Express  and  implied  powers,     102 
Fixes  size  of  House,  108 

How  referred  to,  104 

Ratification  of,  189 

Slavery,  109 


252 

INDEX. 

Paob 

Page 

Supreme  in  territories, 

183, 188 

County  Commissioners, 

24,  32 

Supreme  law. 

188 

County  Engineer, 

37 

Text  of, 

82 

County  Legislature, 

24 

Ttiree   departments   in. 

101 

County  Road  Inspector, 

37 

"Went  into  effect, 

8Q 

County  Surrogate, 

24,  32 

Constructive   treason, 

179, 240 

County  Surveyor, 

37 

Consular  Service, 

231 

County   Superinten:dent   of 

Schools, 

Consuls  — 

37 

Appointment, 

167 

County  Treasurer, 

36 

Duties, 

231,  240 

County  seat, 

24 

Contempt  of  court. 

151 

Court  meets  at. 

24 

Contested  elections. 

50 

Public  buildings  located 

at,       24 

Continental  Congress, 

81 

Court,  county. 

23 

Contraband  of  War, 

142 

Court,  definition. 

241 

Contracts  — 

Court  of  Claims, 

176 

States  not  to  impair. 

155 

Court  of  Common  Pleas, 

58 

Copyright, 

139 

Court  of  Oyer  and  Terminer,          58 

Coroner  — 

Court  of  Quarter  Sessions, 

58 

Acts  in  place  of  sheriff, 

35 

Courts, 

55 

Duties  of. 

35 

Definition, 

55,  241 

Corporal  punishment. 

64 

Jurisdiction, 

176 

Corporations, 

18,240 

Purpose  of, 

65 

Bureau  of, 

235 

Courts,  Kinds  of  — 

Corruption  of  Blood, 

179 

Admiralty, 

175 

Counterfeiting, 

138 

Chancery, 

56 

County  — 

City, 

5S 

Charter  of, 

23 

Claims, 

176 

Construction  of, 

23 

Common  pleas. 

58 

Courts  of. 

23 

County, 

23,  58 

Definition, 

23 

District, 

58 

English, 

23 

Equity, 

56 

Government, 

24 

Impeachment, 

56 

New  England, 

24 

National, 

173 

Officers  of. 

32 

Orphans, 

57 

Organization  of. 

23,  32 

Oyer  and  Terminer, 

58 

Purpose  of. 

24 

Police, 

59 

Size  and  boundaries. 

23 

Quarter  sessions. 

68 

Southern, 

23 

State, 

&5 

County  Auditor, 

39 

Supreme, 

County  Clerk, 

35 

State, 

56,  57 

County  Collector, 

36 

U.  S., 

173 

INDEX. 


253 


Page 

Territorial,  173 

Townsliip,  17,   18 

Ottier  courts,  59 

Courts-martial,  172,  195,  241 

Courts  of  Appeal  — 

State,  56 

U.  S.,  173,  177 

Courts,  State  — 

Cliaucery,  56 

Circuit,  57 

Errors  and  Appeals,  56 

Impeachment,  56 

Pardons,  58 

Supreme,  57 

Other  courts,  58 

Courts,  U.  S.,  173,177 

Crimes  — 

Indictment  for,  30,  195 
Life  or  limb  but  once  jeopardised 
for,  196 
Trial  by  impartial  jury,  177,  199 
Trial    to    be    speedy    and    public, 

199 

Criminal  case  — 

Complaint,  29 

Warrant,  29 

Arrest,  29 

Commitment,  29 

Bail,  29 

Indictment.  30 

Arraignment,  30 

Trial,  30 

Sentence,  31 

Penalty,  31 

Criminal  law,  204 

Cruel     and     unusual  punishments, 

203 

Dead-letter  Office,  233 

Debt  — 

Imprisonment  for,  124 

Public,  187,  215 


Paob 

Declaration  of  Independence,        72 

Defendant,  26 
To  be  informed  concerning  accu- 
sation, 200 

Deficiency  judgment,  28 

Dclatoare,  109 

The  Hundred  in,  10 

Democracy,  69,  71 
Departments    of    government  — 

Three,  67  • 
Departments  of  government  — 

Co-ordinate,  67 

Interdependent,  46 

State,  46 

U.  S.,  101 
Departments  — 

State,  229 

Treasury,  231 

War,  231 

Justice,  232 

Post-offlce,  233 

Navy,  234 

Interior,  234 

Agriculture,  235 

Commerce  and  Labor,  235 

Diplomatic  Intercourse,  229 

Diplomatic  Service,  229 

Disorderly  coixduct,  122 

District  Attorney  — 

State,  34 

U.  S.,  17'3,  232 

District  Court,  U.  S.,  173 

District  of  Columbia,  147,  173 

District,  voting,  12 

Docket,  justice's,  21 

Due  process  of  law,  197,  213 

Duties  — 

Children,  3 

Citizens,  17,   60 

Industrial,  61 

Legal,  61 


254 


INDEX. 


Page 

Moral,  61 

Parents,  4 

Political,  60 

School  children,  7 

Social,  60 

Duty  (tax),  133 

Excise,  133 

Export,  152 

Import,  133 

State,  155 

Taxes,  133 

Education,  235 

Education,  Township  Board  of,     22 

Election  — 

District,  10 

Precinct,  10 
Election  franchise  — 

Nature  of,  46 
Who  entitled  to,                     45,  107 

Women  and,  45 
Elections  — 

President,  for,  159 

Representative,  for,  117 

Senator,  for,  117 

Town  and  township,  19 
Elective  franchise  — 

Not  absolute  right,  46 

Electoral  College,  159 

Electors,  Presidential,  157 

Qualifications,  157 

To  vote  how,  206 

Electors   (voters)  — 

In  Territories,  184 
Elementary  seat  of  government,  11 
Eminent  domain,                     198,  241 

Enabling  acts,  43 

England,  69 
Equalization,  boards  of  tax,  21,  37 
Equity  — 

Courts  of,  56 

Definition  of,  242 


Excises, 

Execution,  writ  of. 
Executive  Department- 

County, 

State, 

Nation, 
Departments  of. 
Exemptions, 
Exports, 

Ex-post-facto  laws. 
Family  — 

Definition, 

Government, 

Members, 

Object, 
Father,  authority  of. 
Felony, 
Fines,  excessive, 


Faob 
133 

28 

25 
53 
156 
228 
29 
152 
151 

1 
1,  3 
1.  2 
1 
4 
140 
203 

First  Ass't  Postmaster-Oeneral,  233 
Florida  — 

Election  precinct  in,  10 

Foreclosure,  33,  242 

Foreign  Affairs,  229 

Foreign  titles,  154 

Fourth     Ass't     Postmaster-General, 

233 

France,  182 

Franchise,  216, 242 

Freedom  — 

Of  assembly  and  petition,         192 

Of  press,  192 

Of  speech,  192 

Religious,  189,  192 

Freeholders,  Board  of,  24 

Fugitives  from  justice,  181 

Galveston  Commission,  40 

General  welfare,  134 

Georgia,  109 

Militia  district  in,  10 

Glossary,  237 

Grand  jury,  33,  195 


INDEX. 


255 


Great  Seal  of  V.  8., 

Gold  and  Silver, 

Golden  Rule, 

Government, 
Definitions, 
Eminent   domain, 
Essential  functions. 


Paob 

229 

155 

62 

67, 

Introduction 

198 

67 


Forms  of,  Introduction,  69 

In  Territories,  183 

Origin  of,  68 

Taxation,  71 

Governor  — 

In  Territories  appointed  by  Presi- 
dent, 184 
Governor,  State,  53 

Appoints    U.    S.    Senators,    when, 

114 
Civil  executive,  53 

Commander  in  chief,  53 

Judicial  power  of,  54 

Qualifications  for,  53 

Removal  of,  54 

Habeas  corpus,  149 

Harbors,  improvement  of,  232 

Haioaii,  182 

Health,  22 

Highway  Commissioners  or  Inspec- 
tors, 22,  37 
Highways,  37 

Homestead  Law,  183 

House    of    Representatives,     State, 

49 
Brings  impeachments,  56 

Elects  officers,  51 

House  of  Representatives,  U.  S. — 
Apportionment,  214 

Chooses  own  officers,  110 

Chooses  President,  when,  209 

Committees  of,  131 

Elective,  105 

Oath  of  members,  189 


Paob 

Organization,  110 

Originates  impeachments,  111 

Originates  revenue  bills,  126 

Qualifications  of  members,         107 

Salary  of  members,  123 

Speaker  of,  110 

Special  powers,  111' 

Term,  105 

Territorial   delegate,  110,  184 

Hundred,  a  county  division,  10 

Idaho,  election  precinct  in,  10 

Illinois,  25 

Immigration,  Bureau  of,  235 

Impeachment,  56,  111 

House  to  bring,  56,  111 

How  tried,  117 

In  Constitution,  111,  172,  177 

Of  Governors  and  judges,  54 

Of  President,  116,  171 

Penalties  in,  116 

Senate  as  court  of,  56,  116 

Implied  powers,  102 

Imposts,  133 

Indian  affairs,  234 

Indian  Reservations,  183 

Indians,  135 

Indictment,  30,  195,  200 

Initiative,  48 

Injunction,  67 

Inquisition,  34 

Insular  Affairs,  Bureau  of,  232 

Interior  Department,  234 

Internal      Revenue      Commissioner, 

231 
International  law,  141 

Interstate  Commerce,  135,  236 

Interstate     Commerce     Commission, 

235 
Interstate  transportation,  236 

Issue,  26 

Jails,  33 


256 

INDEX. 

Page 

Page 

Judge,  Supreme  Court, 

174 

Township  officer. 

21 

Judges  — 

Justice's  court  — 

County, 

32 

Civil  jurisdiction. 

21 

State, 

57 

Criminal, 

21 

U.  S., 

167,  174 

In  township. 

12 

Judges  — 

Of  record, 

21 

Bourwi  by  Constitution, 

188 

Justice's  precinct, 

10 

Oath  of. 

189 

Kentucky  — 

Judgment, 

26,  28 

Magisterial  district, 

10 

Deficiency, 

28 

Voting  precinct. 

10 

Judicial  department  — 

Labor  Department, 

235 

County, 

25 

Lands,  public. 

234 

Nation, 

173 

Homestead  Law, 

183 

State, 

55 

Titles, 

232 

Townsiiip, 

18 

Law  — 

Judicial  district  — 

Common,  defined. 

202 

New  England,  County,  as 

24 

Consists  of  two  parts, 

51 

Jurisdiction, 

175 

Courts  interpret. 

25,   175 

Admiralty, 

175 

Defined,                   Introduction,  49 

Appellate,                      176. 

177,  238 

International, 

140,   141 

Criminal.        25,  177,  195. 

199,  202 

Of  nations. 

141 

Definition, 

177,  244 

Statute,  defined. 

202 

Limited, 

206 

Law  of  Land  — 

Original, 

177 

Constitution  the  supreme 

188 

U.  S.  Courts,         174.  175. 

176,  177 

Laws  — 

Jurors,  challenge  of. 

34 

State,  how  made. 

49.  51 

Jury  — 

U.  S.,  how  made, 

131 

Finds  facts. 

27,  202 

Law  suit,  see  "civil  case." 

Grand, 

33 

Legal  duties. 

61 

In  civil  actions. 

34.  201 

Legal  tender, 

138 

In  criminal  actions. 

34,  177 

Legislative  Department  — 

Petit, 

34 

Separation  of, 

48.  105 

Selection  of. 

22,  34 

Two  houses. 

48.  105 

Tries  crimes. 

177 

Legislators  — 

U.  S.  Courts,  in. 

173 

Arrest  of. 

51,  124 

Justice  of  Peace  — 

National, 

107 

Duties, 

13,  21 

Qualifications, 

107,  114 

Examining  magistrate, 

21 

Privileges  of, 

124 

Fixes  bail. 

21 

Oath  of. 

189 

How  paid, 

14 

State, 

Jurisdiction, 

21 

Oath, 

189 

INDEX. 

257 

Pack 

Page 

Privileges, 

51 

Members  of  family. 

2 

Qualifications, 

49,   50 

Message  of  President, 

170 

Legislature  — 

Mexico, 

182 

County, 

24 

Michigan, 

25 

National, 

107 

Military  Academy, 

232 

State, 

48 

Military  law, 

195 

Territorial, 

184 

Militia,                               145,  146 

,  192 

Township, 

18 

Called  out  by  President, 

164 

Legislature,  State  — 

Constitution  authorizes, 

192 

Constitutional  limitations,  47,  154 

Governor  commands, 

53 

Committees   in. 

52 

National  guard,              46,  145 

164 

Elects  U.  S.  Senators, 

112 

Organization, 

146 

Enacting  laws, 

49,   51 

Power  of  Congress  over. 

145 

Extent  of  powers. 

49 

Sheriff  and, 

33 

Membership   determined. 

50 

Militia  district, 

10 

Oath  of, 

189 

Ministers  — 

Passes  laws  over  veto, 

49 

Appointment  of. 

167 

Public  acts. 

49,  51 

Foreign, 

171 

Sessions, 

49 

Secretary  of  State  and. 

229 

Libel, 

192 

Misdemeanor  — 

Liberty, 

197 

Tried  by  justice. 

14 

Of  press. 

192 

Mississippi  — 

Of  speech, 

192 

The  beat  in. 

10 

Religious, 

191 

Monarchy, 

69 

To  assemble, 

192 

Money  — 

To  petition. 

192 

Congress  authorized  to  coin. 

137 

Lieutenant-Governor, 

54 

Counterfeiting, 

138 

Life,  security  of. 

197,  213 

How  drawn  from  Treasury, 

153 

Local  self-government, 

12,   15 

States  not  to  coin. 

154 

Louisiana  — 

To  be  accounted  for, 

153 

The  parish  in. 

24 

Moral  duties, 

61 

The  ward  in. 

10 

Moral  law. 

61 

Magisterial  district, 

10 

Municipal  corporatioixs. 

38 

Majority, 

208,  244 

Municipal  courts. 

41] 

Mandamus, 

57 

Municipal  oumership. 

40 

Marque  and  reprisal. 

141,   154 

Nation,  sovereignty  of, 

80 

Marshals, 

39,  173 

National  Banks, 

231 

Maryland, 

79,  109 

National  Oovemment  — 

Election  district  in. 

10 

Powers, 

101 

Massachusetts, 

109 

Express, 

102 

Mayor, 

41 

Implied, 

102 

258 

National  Guard,  46, 

National  Observatory, 
National  Parks, 
National  Revenue, 
Naturalization, 
Naturalization  laws, 
Naturalized  citizens. 
Naval  Academy, 
Naval  Reserve, 
Navy, 

Navy  Department, 
Nebraska  — 

Election  precinct  in, 
Nevada  — 

No  National  Guard, 
New  England  Confederacy, 
New  England  county  — 

As  Highway  District, 

As   Judicial   District, 
New  England  township, 

Political  unit. 

Pure  democracy, 
New  Hampshire, 
New  Jersey, 
New  York, 
North  Carolina, 
Nobility,  titles  of. 
Oath  of  office. 
Officers  — 

Borough  and  village, 
Officers,  city. 
Officers,  civil  district. 
Officers,  county  — 

Auditor, 

Clerk, 

Collector, 

Commissioners, 

Chosen  Freeholders, 

Supervisor, 

Coroner, 

Engineer, 


INDEX. 

Paob 

Page 

145,  164 

Judge, 

32 

234 

Prosecutor, 

34 

183 

Commonwealth's  attorney. 

34 

231 

State's  attorney. 

34 

136,  212 

Road  Inspector, 

37 

136 

Sheriff, 

32 

136,  212 

Superintendent  of  Schools 

37 

234 

Surrogate, 

24,  32 

46,  53 

Surveyor, 

37 

143,  234 

Treasurer, 

36 

234 

Other  county  oflBcers, 

37 

Officers,  militia, 

146 

10 

Officers,  School, 
Officers,  State  — 

9 

46 

Attorney --General, 

54 

81 

Auditor, 

55 

Bank  Commissioner, 

55 

24 

Comptroller, 

54 

24 

Governor, 

53 

15 

Insurance  Commissioner, 

55 

11 

Lieutenant-Governor, 

54 

19 

Secretary  of  State, 

54 

109,  190 

Treasurer, 

55 

8,  109 

Other  State  oflBcers, 

55 

109 

Officers,  township — 

18 

109 

Assessor, 

20 

154 

Board  of  education, 

22 

189 

Clerk, 

19 

39 

40,41 

13 

Collector, 

21 

Commissioners  of  appeals, 

20 

Constable, 

22 

Justice  of  peace, 

21 

36 

Overseer  of  poor, 

20 

35 

Towuship  committee. 

19 

36 

Treasurer, 

20 

32 

Other  township  officers, 

22 

32 

Officers,  U.   S., 

167,168 

32 

Order,  of  Congress, 

132 

35 

Ordinances, 

18 

37 

Ordinances,  city. 

39,  41 

INDEX. 


259 


Oregon  — 

Election  precinct  in. 
Original  jurisdiction, 
Orphans'  Court, 
Overseer  of  Poor, 
Overt  act. 
Pardons  — 

By  court  of  pardons, 
By  Governor, 
By  President, 
Parent  and  child, 
Parents, 
Parish, 
Parliament, 
Patents, 
Penalty, 
Pennsylvania, 
Pensions, 
Personal  liberty. 
Property, 
Security, 
Petition.  Right  of. 

Petit  jury, 

Philippine  Islands, 
Schools  in. 

Piracy, 

Plaintiff, 

Plea, 

Pleadings, 

Plurality  of  offices, 

Political   duties, 

Political  unit. 

Poll  list, 

Poll  tax, 

Porto  Rico, 

Postmaster-Ocneral, 

Postmasters, 

Post-office  Department, 

Post-offices, 

Post  roads. 

Powers  distributed. 


Page 

10 

57,  92,  177 

25,  58 

20 

179 

58 

31,  54 

31,  91,  165 

1,  4,  8 

1,  2 

24 

151 

139,  234 

31,  246 

109 

234 

68 

68,  194 

68,  194,  196 

192 

34 

184 

232 

140 

26 

26 

26 

125 

60 

10,11 

20 

16 

184 

228 

233 

138,  233 

139,  233 
139 
101 


Paob 

Poiocrs  retained  by  people,  204 

Powers  retained  by  States,  204 

Precincts  — 

Election,  10 

Justice's,  10 

Voting,  10 

Presentment,  33 

Presidential  succession,  161,  229 

President  of  United  States  — 

Appoints  ambassadors,  167 

Appoints  officers,  167,  184 

Appoints     Territorial     Gk)vernors, 

184 
Appoints  Territorial  judges,  184 
Authority  over  militia,  164 

Chosen  by  Electors,  206 

Chosen   by   House  of  Representa- 
tives, when,  209 


Civil  magistrate, 

164 

Commander  in  Chief, 

163 

Control  over  officers, 

171 

Elective  office, 

157 

Eligibility, 

159 

Executes  laws, 

171 

Executive  power  vested 

in, 

156 

Fills  vacancies. 

169 

Grants     reprieves     and 

pardons. 

165 

Impeachment  of,           92 

116, 

171 

Judicial  duties, 

101 

Legislator, 

101 

Makes  treaties, 

165 

May   require   opinions  of  officers, 

164 

Oath,  163 

Qualifications,  159 

Salary,  162 

Selects  cabinet,  228 

Term,  156 

Veto,  127 


260 


INDEX. 


Page 

115 
115 

29 

31 

29 

29 

29 

29 

30 

30 

30 

31 

194,  197 

142 

142 

142 

68 

194 

62,68 

197 

197 

25 

25,  29 

68,  183 

34 

49,  51,  180 

187,  215 

183,  234 

183,  234 

187 

167 

183 

10 

Public  utilities,  board  of,  55 

Quartering  soldiers,  193 

Quorum,  246 

Election  of  President,  206 

Election  of  Vice  President,       206 

In  legislatures,  49,  50 


President  of  Senate  — 

Pro  tempore. 

Vice  President  as. 
Prisoners  — 

Arrests, 

Attorney  for. 

Resistance  by, 

Examination, 

Commitment, 

Bail, 

Indictment, 

Arraignment, 

Trial, 

Sentence, 
Private  property, 

In  war. 
On   land. 
On  sea. 

Nature  of. 

Protection  of, 

Right  of, 

Security  of. 

To  be  paid  for. 
Probate  court, 
Procedure  in  court, 
Property, 

Prosecutor  of  Pleas, 
Public  Acts, 
Public  debt. 
Public  domaifi, 
Public  lands, 
Public  law, 
Public  officers, 
Public  property. 
Public  schools. 


Page 

In      House     of     Representatives, 

U.  S.,  120,  121 

In  Senate,  U.  S.,  120,  121 

Ratio  of  representation,        108,  214 

Records,  180 

Referendum,  48 

Register  of  Treasury,  231 

Religion,  189,  191 

Representatives  — 

National,  106 

State,  49 

See,  "House  of," 

Reputation,  68 

Revenue    of    National    Government, 

71 
Requisition,  181 

Resolutions,  132 

Revolutionary  War,  79 

Rhode  Island,  80,  109 

Rights  — 

Absolute,  62,  70 

Of  free  press,  192 

Of  free  speech,  192 

Of  suffrage,  46,  213 

Petition  and  assembly,  192 

Reciprocal  with  duties,  1 

Retained  by  people,  204 

Retained  by  States,  204 

To  assemble  peaceably,  192 

To  bear  arms,  192 

To    republican    form    of    govern- 
ment, 185 
To  security,  194 

Unalienable,  72 

Riots,  32,  247 

Rivers  and  Harbors,  232 

Rural  free  delivery,  233 

School  — 
Boards,  5 

Definition,  5 

Lands,  18? 


INDEX. 

261 

Pace    , 

Paok 

Members, 

6 

Senate,  United  States  — 

OflBcers, 

9 

Chooses  own  officers, 

115 

Regulations, 

6 

Chooses  Vice  President,  when,  210 

Support, 

6 

Confirms  appointments, 

167 

Teachers, 

9 

How  composed. 

112 

Trustees, 

7 

In  election  of  President, 

208 

School  Boards, 

5 

Organization  of, 

115 

Duties, 

9 

President  of, 

115 

School  District  — 

President  pro  tempore. 

115 

Definition, 

5 

Ratifies  treaties. 

165 

Formation, 

5 

Tries  impeachments. 

116 

Officers, 

9 

Vacancies  in. 

114 

Size, 

5 

Senators,  State, 

49 

School  officers. 

9 

Senators,  United  States  — 

Appeals, 

37 

Classes, 

113 

Election, 

6 

How  chosen. 

112 

Right  to  vote  for. 

6 

Qualifications, 

114 

Women  as  trustees. 

7 

Salary, 

124 

Schools,  control  of. 

6 

Term, 

113 

School  Superintendent  — 

Vote, 

113 

County, 

37 

Sentence  of  court. 

31 

Duties, 

37 

Servants  in  family. 

1 

Power, 

37 

Session,  meaning  of, 

123 

State, 

55 

Sheriff  — 

Secretary  — 

Assistants, 

32 

Agriculture, 

228, 

235 

Deputies, 

32 

Ck)mmerce  and  Labor, 

228, 

235 

Duties, 

32 

Interior, 

228, 

234 

Officer  of  court, 

33 

Navy, 

228, 

234 

Powers, 

32 

State, 

228, 

229 

Slavery, 

109,  212 

Treasury, 

228, 

231 

Slaves, 

149,  182 

War, 

228, 

231 

Social  duties, 

60 

Secret  Service, 

231 

Society  — 

Second  Ass't  Postmaster 

Gen. 

233 

Aim  of, 

67 

Security  of  privileges, 

213 

Organized, 

67 

Selectmen, 

17 

Solicitor-Oeneral, 

232 

Self  — 

South  Carolina, 

109 

Control, 

61 

Sovereignty,  State  — 

Defence, 

68 

Limited  by  Constitution, 

Support, 

61 

154 

,155,188 

Senate,  State, 

49 

Spain, 

182 

262 


INDEX. 


Speaker    of   House    of   Representa- 
tives, 110 

Stamp  Act  Congress,  81 

State,  43 

Admission  of  new,  43,  182 

And  nation,  distinction,  47 

Boundaries,  43 

Comity,  180 

Constitution,  46 

Definition  of,  43 

Division   of,  183 

Officers,  53 

Organization,  48 

Powers   reserved  to,  204 
Republican    form    of    government 
guaranteed,  185 

Sovereign,  43 
Sovereignty  limited,     154, 155, 188 
State  — 

Courts,  55 

Executive  department,  53 

House  of  representatives,  49 

Judicial  department,  55 

Legislative  department,  48 

Senate,  49 

State  Board  of  Education,  55 

State  Department,  229 

And  treaties,  166,  229 

State  Institutions,  44 

State  lands,  182 

State  Officers  — 

Attorney-General,  54 

Auditor,  55 

Comptroller,  54 

Bank  Commissioner,  55 

Insurance  Commissioner,  55 

Lieutenant-Governor,  54 

Secretary  of  State,  54 

Treasurer,  55 

Other  State  officers,  55 


Statute  Law  — 

Defined,  49,  202 

How  made,  49,  51 

Subpoena,  27 

Suffrage,  right  of,  46,213 

Suit  at  law,  26 

Plead  own  case,  31 

State  cannot  be  sued,  176 

Trial  of,  27 
United  States  cannot  be  sued,  175 

Summons,  26 

Superintendent    of    Public    Instruc- 
tion, 55 

Supervisors,  Board  of,  32 

Supreme  Court  — 

District  of  Columbia,  173 

Supreme  Court,  State,  57 

Supreme  Court,  United  States,    173 

Interprets  Constitution,  175 

Jurisdiction,  175,  176 

President  and,  167 

Tax  — 

Definition,  16,  133 

Export,  152 

Impost,  133 

Income,  152 

Poll,  16 

Taxation,  16,  71 

Assessment,  16 

Boards  of,  37,  55 

Direct,  71,  152 

Indirect,  71 

National,  152 

Taxes  — 

Assessed  in  county,  37 

Assessed   in  township,  20 

Collector,  township,  21 

Collector,  county,  36 

Direct  and  indirect,  71 

Public  school,  6 


INDEX. 

263 

Pagb 

Page 

Teacher  — 

Election, 

19 

Authority, 

9 

Government, 

17 

Examination, 

37 

Officers, 

19,  22 

License, 

37 

Origin, 

15 

Tennessee  — 

Purpose, 

16 

Civil  district  in, 

10 

Township,  civil, 

11 

Territorial  courts, 

173 

Cliarters  of. 

15 

Territories  — 

Court  of. 

18 

Admission  as  States, 

43 

Definition, 

15 

Executive  and  judiciary. 

184 

Election, 

19 

Government  in. 

183 

Organization, 

19 

Officers  of. 

184 

Origin, 

16 

Organized, 

184 

Political  unit, 

10 

Scope  of  Legislation, 

184 

Power  of, 

17 

Texas  — 

Township  Clerk  — 

Annexation, 

182 

Duties, 

19 

Communal  district. 

10 

How  selected. 

19 

Election  district. 

10 

Township  collector, 

21 

Galveston  Commission, 

40 

Township  officers. 

19,  22 

Justice's  precinct. 

10 

Township  schools. 

5 

Third  AssH  Postmaster-General,  233 

Township  treasurer, 

20 

Three   departments   of   government. 

Treason, 

178 

Introduction,  46,  67 

Constructive, 

179 

Titles  of  Nobility, 

154,  155 

Overt  act. 

179 

Topical    analysis     of     Constitution, 

Witnesses, 

179 

217 

Treasurer  — 

Town, 

11,  15 

County, 

36 

Definition, 

15 

State, 

55 

Government, 

17 

Townsliip, 

20 

New  England, 

15 

Treaties  — 

Purpose, 

15 

Assent  of  Senate, 

165 

Town  Board  — 

Courts  and, 

175 

Audits  accounts, 

19 

Definition, 

165 

Duties, 

19 

Judicial  powers, 

19 

Extradition, 

181 

Legislates, 

19 

How  made. 

166 

Toimi  meeting, 

19 

State  Department  and, 

166,  229 

Township, 

11,  15 

Supreme  law  of  laud. 

188 

Cliarter, 

15 

Trial  — 

Congressional, 

16 

Civil, 

25 

Definition, 

15 

How  conducted. 

26 

264 

INDEX. 

Pagb 

Paqb 

Criminal, 

29, 

177,  199 

Voting  precinct, 

10 

How  conducted. 

30 

War,  declaration  of. 

141 

True  bill. 

33 

War  Department, 

231 

Unit  of  civil  government. 

10 

Wards  — 

Utah  — 

In  cities. 

40 

Election  precinct  in. 

10 

In  Louisiana, 

10 

Verdict  — 

Warrant  — 

Civil  cases, 

28 

Definition, 

29 

Criminal  cases, 

31 

For  arrest. 

29 

Veto  — 

Search, 

194 

Governor, 

49,  53 

Weather  Bureau, 

235 

Mayor, 

41 

Weights  and  Measures, 

138 

President, 

127 

Sealer  of. 

22 

Vice  President  — 

West  Virginia  — 

Acts  as  President,  when, 

210 

Magisterial  district  in. 

10 

Eligibility, 

211 

Witnesses  — 

How  elected. 

157, 

206,  210 

Compelled  to  testify, 

27 

President  of  Senate, 

115 

Not  against  self. 

196 

Succeeds  President, 

when 

160 

Process  for. 

201 

Village  — 

To  confront  accused. 

200 

Definition, 

38 

Wom,en  — 

Incorporation, 

38 

As  legislators. 

45 

Organization, 

38 

As  school  trustees. 

7 

Powers, 

38 

Writers  and  Inventors, 

139 

Purpose, 

38 

Writs, 

150,  248 

Virginia, 

80,  109 

Wyoming  — 

Magisterial  district  in. 

10 

Election  districts  in. 

10 

Vote, 

131 

Yeas  and  Nays, 

129 

Voter, 

17,  45 

Of  rue  \ 

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